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HomeMy WebLinkAbout19961092 Ver 1_COMPLETE FILE_19961125State of North Carolina Department of Environment, Health and Natural Resources • • ?e __ Division of Water Quality James Hunt, Governor ED E H N F1 Now Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 4, 1996 Brunswick County WQC 401 Project #961092 APPROVAL of 401 Water Quality Certification Mr. James Smith Southeast Brunswick Sanitary District P.O. Box 357 Long Beach, NC 28465 Dear Mr. Smith: You have our approval to place fill material in 0.6 acres of wetlands or waters for the purpose of constructing a sewer system at Southeast Brunswick Sanitary District, Contract No. 3, as you described in your application dated 21 November 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3022. This certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please .telephone John Dorney at 919-733-1786. Sincerely, Peston 'Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office Mr. John Dorney Central Files John McLaughlin; W.K. Dickson 961092.ltr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper WK DICKSON Mr. John Dorney Water Quality Planning Division of Environmental Management North Carolina Department of Environment, Engineers Health and Natural Resources Planners Surveyors Post Office Box 29535 Raleigh North Carolina 27626-0535 RE: Southeast Brunswick Sanitary District Brunswick County, North Carolina WKD # 96461.11 Dear Mr. Dorney: Enclosed please find one set each of the following: 1. 7 sets Plans - Contract No. 3, Collection System 2. 7 sets Specifications - Contract No. 3, Collection System 3. 7 copies Nationwide Permit Application Form November 21, 1996 1FO ti 9 T 96 ti nq' Fs If you have any questions or need any further information please do not hesitate to contact either myself or David Pond at 704/334-5348. Anything you can do to expedite this matter will be greatly appreciated. Sincerely, W.,K. DicksW,k-Co., Inc. W. McLaughlin, P.E. JWM/slw Enclosure cc: Mr. Ronnie Pope - RD (w/o enclosures) Ms. Lucille Laster - SEBSD (w/o enclosures) Mr. Jay Gibson, P.E. - WKD (w/o enclosures) -4011 1924 Cleveland Avenue Other O(/ices: Atlanta. GA Charlotte, North Carolina 28203 Asheville. NC 704 334-5348 11ickoni, NC Fax 704 334-0078 Raleigh, NC www.wkdickson.com Columbia, SC g6'60? 2 DER In 401 ISSUED ACTION ID a NATIOUMD3 PXXMIT REQUESTED (PR DE NATIONWIDE PERMIT I'OSlIT FORM rot NATI0D1MID5 TrMITS TX= RSQUXRB "OT27XCATION To -=X CORPS Or S21OIl XV'3ts NATIOlIMIDS PERMITS '1'BAT 3==tX APPLICATION FOR 82CTION 401 C»'YlICATION W=XINGTON DISTRICT ENGINEER CORPS or xxaxm " DIRARTMENT 08 THE ARMY P.O. BOx 1890 WILMINGTON, NC 28402-1890 11w2Na CESAW-CO-S Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION or SNVIRONNRNTAL DMANAarAWT NC D3PARTMZNT OF XNVI1k0NMW7, ,1 TH An NATURAL RESOURCE ' 1? V P.O. HOx 195351 RALBIQH, HC 27628-0535 ?O! ATTNt MR. JOHN D0R1= Telephone (919) 733-9083 ONE (1) COPY or THIS COMMATED APPLICATION SHOULD BB SBBT TO THE C„ORPSWpi:0?'" XNGINEBRS, SEVEN (7) COPIES SHOULD ON SENT TO THE N.C. DIVISION ?i•`"' RN ROMrM UTAL MIASACMUM. VLr7441.2LUM. 1. OWNERS MAMA s - UC/?h e? ? 5K/!G? ?I7i 7gYN 1/(?1'IG? 2, OWNERS ADDRESS$ -,P0• 3. OWNERS rHon i NZ7Mlaza (ROME); _ _ (WORK) : (91-0 4$7- Ooh 4. IF APPLICABLE: AgENT' S $A" OR RE PHONE NUMBER: v?tl19G3 -- _5&;-lh Sf 3!O le19A /3ectc (.9ly - O oca(o 5. LOCATION OF WORK (MUST ATTACH MAP) NEAREST TOWN OR CITYt SP?SCIVIC LOCATION (INCIAMB ROAD NU C4ltTORATE orrXCIAL, ADDRESS, t rJrG/rl?Wic.? ?- f LANDMARXB0 BTC.)t . 8. NAM or CL ssfill STRCAN/RIVER= Ga? 6al/ z' Cru.,? ? .lump ? BM 7. RIVER BASIN: 9rj?t VW' - 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT; SAf HQW, ORW, Ws I, OR W5 II? YES (14 NO 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ( ) NO ((/f IF YES, NXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATlRS Olt THE U.S., ZNCLUDXNC WETLANDS, LOCATED ON PROJECT SITES 6/10/92 Olti-l SOM'd 0-1 MOM N H-HOdl 9091996161-01 Mg[ 96. 90 AON 1.,I -Iorl.... I III. -"' -a- 11- WRBZR 0W ACXMS 01? WATERS Or TM U.S., il:CLUDZN4 a£TzAmnS, IMPACTED gY TUB PROPOSED PROJECT: WILLED: _.. o _ DRAINED: " FL00020 a __ XXVAVATED s 0 . & ac TOTAL IMPACTE:9 s O . lga c ia. 089CAtIFTION Or VitolpCOOV WGRK (ATTACH PLANE s it??QriaI9 O? lf?a: ?cr -A C /I 13. PURPOSE OF PROPOS?= WORK: An /:?:nom ,p as ,? 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY HURT BE CARRIED OUT N WETLANDS. ALSO, NOTE MEASURES ?yAXEN TO MINIMIZE WETLAND IMPACTS. e Q?G haYlr, 1_ 1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USZ'Ws) AND/OR NATIONAL MARINE FISHERIES BERViCE (NMPS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR TMMATENED SPBCIES:OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY Bg AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES ( 1 SO ( i "/A - na?i'e?lX/ierG &!2 RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. Id. YOU ARE REQUIRED TO CONTACT THE STATE !HISTORIC PRESERVATION OrFICER (SUPO) XXGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AUA WHICH MAY 88 AFFECTED BY THE PROPOSED PROJECT? "Vu You boN$ 303 YES { No { ) ?/? _ pq jb»t l ielC !2 RESPONSE FROM THE SHPO SHOULD 88 FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQUIRED SY DBM: A. WETLAND DELINEATION HAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PEHOTOGRAPH'OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERI'ORMED 9Y A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATSR MANAGEMENT PLAN IS REQUIRED rOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? 1?_CSiLler?-ia,? F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? AAA li -t 11-7 owNZ SICNATUtm DATE OlV-3 90/90'd 0-1 ROOM 9 H-HO 96ti91996161-O1 P3:91 96. 90 AON 961 o9 2 401 ISSUED ONX ID: ACTION ID: NATIONWSDS PERMIT REQUESTED (PROVIDE HATZOWZ02 PERMIT *) s 1102mT "an Fait MAXIOMNW15 ?UNITS TRAT NSWIRS DI =IPXCAT=QX TD •TBX COMPS Or Sl OXNZIMX =TZ0"=g P3RNZ" TZM RSQQYSa APPLIC3kTZoX FOR SECTION 401 C=IrZWTZCK aTZI. amTw 0257TRICT ENG2NEER CORPS Or SNBINSr" DPARTMBNT OF THE ARMY P.O. Box 3890 WILMINGTON# NC 28402-1890 ATTIC: CESAW-CO-B Telephone (919) 291-4511 WATER QUALITY PLAMINa DSVZSION Or XMIRONMNSTAL MANAamcm NC DEPAATmN'T OF &W AND NATURAL RESO ?... P.O. HOE ,29S35 RALBtaHj, NC 276526-05 g ATTNs MR. JOHN DOM(Ri , 2 5 1996 , Telephone (919) 733-6083 ORB (1) COPY OF THIS COMV BTED APPLICATION SHOULD 88 SENT TO TAt4..?. ??bS BNaINEBRS. SEVEN (7) COPIES SHOULD BE SSMT TO THE N.C. DMSION Or 9VV*JkOHJ XTAL KASACSHM. PLIA31pASNT. 1. OWNSRS XAMU s mix!-/j7 e4,5? ?y [!I?5it//G? ???!7i 7'4rN 1/(5, ?G 2, OWNERS ADDRESS t 35 3. OWNERS RMUB NUMUlt (HOHN) : (WORK): 0i0) 4157- Dom 4. IF APPLICABLE: A ENT's $AM$ OR RE3rCNSZHLX CORPORATE OFFZCZAL, ADDRass, PHONE NUMBER: 0&1 k/ _5rli-Ih , ir~4 4 310 ? tw A/ B'a/?h 4 , <aa0%,T G?99 ?/??.??? 5. LOCATION OF WORK (MUST ATTACK MAP). COUNTYs 4gea v? iW/4k NEAREST TOWN OR CITY s ?.I17A cat .... SPECIFIC LOCATION (INCIAM?S ROAD tiU24S8Re, LANDMARKS, ETC. ) s n/G 2l1. ,/33 S?GG?iltal/N, ?DtlffileG??f._ [/17't?rl?odC --Scie?9i?dKK_ riG7? a e. Nrrs>9 or cLOUe$s sTR!`rAKIR=VEH: Gu?/ut OWehrwry E. 7. RIVER MAIN: LA . f EQr K?Ve4- S. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUTi SA, HQN, ORW, NS I, OR WS II? YES (f/j NO ( ) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ( ) KO ((/f IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACHES Or NATERS Op' THE U.S., INCLUDXNG WETLANDS, LOCATED ON PROJECT SITES 0.60 6/10/92 W-1 90/VO'd 94-1 NOSM3I0 A "-Nov] 56b819MU-01 M91 96. 50 AON 1. -4 -.mr rn ... . -a- 11. NUNSMR OF ACRUS Of WATERS OF TM U.9., INCLUDING WXTXJWDS, ZKPACTED MY THS PROPOS80 PROJECT:. FILLED• -' ? DRAINED: " ° '-"" prooD:rb: _ ?, ___. $YGAVATED: ? •? a? -TOTAL IMPACTSO s O • (gac 9 _ r ?I Wa 1Z. VX*C1tIYTIOff OF $ROlOSffiD rRK (ATTACH PLAN8)z 11751d11-174)n r 13. PURPOSE OF 14, STATZ RBA.$ON9 WHY THE APPLICAN'T' BELIEVES THAT THIS ACTIVITY MURT BE CARRIEL: OUT'p WETLANDS. ALSO, NoTs MEASURES ?jAKEN TO MINIMIZE NETLRND IMPACTS. _W4 are- 19a4t1? cro32 Gr04017t.?'S i irlO? 62 1S. YOU AM REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (ttBFWB) AND/OR NATIONAL MARINE FISUERIES 92RVICZ (NHPS) REGARDING THE PRBSSMCB ` OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR TMAVXNZD SPECIES*•OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY 88 AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES ( J SO ( j ,c/1,q - nahamv%'de- is ?Z RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (S"O) UGAMXNG THE PRESENCE OF HISTORIC PROPERTIES IN THE PTRHIT ARXA WHICH MAY 8S AFFECTED BY THE PROPOSED PROTECT? / GAVE TOO DONE 307 YES I ] NO ( ] iV? - I74T1bYlkli?G l2 RESPONSE FROM TIM SHPO SHOULD BE FORWARDED TO CORPS. Z?. ADDITIONAL INFORMATION REQUIRED SY DEN: A. WETLAND DBLZNRATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAMM ON THE PROPERTY. a. IF AVAILABLE, PXPRESENTATIVE PHOTOGRAPH'OF WETLAN05 TO BS IMPACTED BY PROJECT. C. IF DELINEATION WAS PERVORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. .D. IF A STORMWATER MANAORMENT PLAN iS REQUIRED trOR THIS PROJECT, ATTACH COPY. // X. WHAT IS LAND USE OF SURROUNDING PROPERTY? !?Csiae iaf F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? se a ,X?/ ?rlbit AAA )I ?P OWNZ V ICNATUR2 DATE OLN 90/90'd 0-1 NOS90(0 9 M.96ti@1986161-01 W91 96. 90 AON CONTRACT DOCUMENTS AND SPECIFICATIONS for SOUTHEAST BRUNSWICK SANITARY DISTRICT CONTRACT NO.3 COLLECTION SYSTEM October, 1996 2 WKD #96461.11 prepared for Southeast Brunswick Sanitary District 4310 Long Beach Road Southport, North Carolina 28461 DISTRICT BOARD James W. Smith, Chairman Lucille Laster, Secretary Ginger Harper, Member Gene Formy-Duval, Member Tommy Bowmer, Member Prepared by `?- W.K. Dickson & Co., Inc. 1924 Cleveland Avenue Charlotte, North Carolina 28203 704/334-5348 I TABLE OF CONTENTS Information for Bidders ......................................................IB-1 to 113-5 Bid ................................................................................... B-1 to B-4 Advertisement for Bids ..................................................... AB-1 to AB-1 Bid Bond .......................................................................... BB-1 to BB-2 Agreement ....................................................................... Performance Bond ........................................................... C-1 to C-3 PB-1 to PB-3 ' Payment Bond ................................................................. Compliance Statement ..................................................... Certificate of Owner's Attorney ................................. PB-4 to PB-6 CS-1 to CS-2 CA-1 to CA-1 ' Lobbying Certification .......................................................LC-1 to LC-3 Notice of Award ................................................................NA-1 to NA-1 Notice to Proceed .............................................................NP-1 NP-1 EEO Cont. Compliance Notices ....................................... .EO-1 to EO-3 General Conditions .......................................................... Supplemental Conditions ................................................. GC-1 to GC-42 SC-1 to SC-12 Partial Payment Estimate ................................................. Contract Change Order .................................................... Certificate of Substantial Completion ............................... Labor Standard Provisions ............................................... ' Wage Scale ..................................................................... Special Provisions ............................................................ SPA to SP-3 TECHNICAL SPECIFICATION S j Section Description Page 02110 Clearing & Grubbing 02110-1 to 02110-3 02222 Excavating, Backfilling & Compacting for Utilities 02222-1 to 02222-9 02270 Erosion & Sediment Control 02270-1 to 02270-2 ' 02271 Engineering Fabrics 02271-1 to 02271-3 02274 Plain Rip Rap 02274-1 to 02274-1 02275 Stone for Erosion Control 02275-1 to 02275-2 ' 02277 Temporary Silt Fence 02277-1 to 02277-3 02512 Gravel Surface Access Roads & Parking Areas 02512-1 to 02512-2 02575 Paving Repair and Resurfacing 02575-1 to 02575-4 02601 Manholes, Drop Connections and Conflict Manholes 02601-1 to 02601-4 02668 Water Service Connections 02668-1 to 02668-3 ' 02730 02731 Force Mains and Gravity Sewers Sewer Service Laterals 02730-1 to 02730-14 02731-1 to 02731-3 11307 Plant Submersible Pumping Stations 11307-1 to 11307-7 1 FmHA Instruction 1942-A 5/24195 (Guide 19 - Attachment 2) INFORMATION FOR BIDDERS Bids will be received by The Southeast Brunswick Sanitary District (herein called the "Owner"), at the district offices at 4310 Long Beach Road until , 19 , and then at said office publicly opened and read aloud. ' Each Bid must be submitted in a sealed envelope, addressed to The Southeast Brunswick Sanitary District at 4310 Long Beach Road. Southport North Carolina 28461 Each sealed envelope containing a Bid must be plainly marked on the outside as Bid for Contract No. 3 Collection System and the envelope should bear on the outside the Bidder's name, address, and the license number, if applicable, and the name of the project for which the Bid is submitted. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner at 4310 Long Beach Road. Southport, North Carolina 1 All Bids must be made on the required Bid form. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one copy of the Bid form is required. PERFORMANCE SPECIFICATIONS ' Performance specifications are written to convey the required performance and design characteristics of materials and equipment and are defined as specifications that do not contain "brand names". Any deviation from the specifications shall be submitted for approval. All substitution by equipment manufacturers or suppliers shall be submitted to the Engineer for approval or disapproval prior to opening bids in accordance with instructions in the section below headed "Or-Equal Specifications". Suppliers bidding on equipment listed under Bid section headed "Equipment Manufacturers" shall be pre- approved before bidding. In addition, al equipment or material suppliers for this ' Contract are required to submit a "detailed listing" of specification deviations for approval or disapproval prior to opening bids. Submittal of general catalogs will not qualify as a "listing of deviations", the listing must be specific for this Contract. Qnly ' submittals received 14 days prior to the bid opening will be reviewed or considered. no exceptions to the schedule will be made. Manufacturers qualifying will be identified in an addendum prior to the bid date. I B- 1 96461.11/996 By submitting a bid, the Contractor understands and agrees that all exceptions to the ' specifications will be reviewed and approved prior to the bidding and that no exceptions to the specifications will be allowed after receiving bids. "OR-EQUAL" SPECIFICATIONS Brand names are used in the specifications only to denote the quality standard desired and they do not restrict bidders to a specific brand. Cited examples are used only to convey to bidder the general style, type, character and quality of product desired and that equivalent products will be acceptable. Equipment manufacturer or supplier shall submit a Qualification Package to the ' ENGINEER, at least 14 days prior to the bid opening, in order to determine that a proposed item of material or equipment is essentially equivalent to that named and can be determined to be acceptable. All qualification packages shall be submitted at least 14 days prior to the bid opening to be considered no exceptions to the schedule will be made. A. The Qualifications Package submittal requirements shall be as follows: 1. A list of five (5) minimum similar installations. 2. A detailed written listing, with discussion, of any and all deviations from the "or equal' specification. 3. Drawings, specifications, catalog cut-sheets, etc. detailing "or equal" ' equipment or products proposed. B. Requests for review of proposed "or equal" equipment item(s) will not be accepted by ENGINEER from anyone other than equipment manufacturer or supplier. ' C. If the equipment manufacturer or supplier fails to furnish all of the preceding information, the proposed qualification package will be rejected by the Engineer. D. The Engineer shall be the sole authority for determining conformance of a proposed "or equal" equipment item or product with the Contract Documents. , E. Redesign and contract drawing revisions to accommodate equipment or products will be prepared by the Engineer during the shop drawing review ' process. Reimbursement shall be to the Engineer at the Engineer's current rate schedule. IB- 2 96461.11/996 LJ F. Acceptance of a proposed "or equal" major equipment item or product "Qualification Package", or use of named equipment, does not eliminate the need for shop drawing submittals and reviews during construction, nor does it eliminate the requirement that the equipment manufacturer satisfy the requirements of the Contract Documents. G. Manufacturers qualifying will be identified in an addendum dated a minimum of seven (7) days prior to the bid. Bidders shall include all costs associated with any redesign in their bid. The Owner may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid within 90 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the drawings and specifications including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work of the nature of the work to be done. The Owner shall provide to Bidders prior to bidding, all information which is pertinent to, ' and delineates and describes, the land owned and rights-of-way acquired or to be acquired. ' The Contract Documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve the Contractor from fulfilling any of the conditions of the contract. Each Bid must be accompanied by a Bid Bond payable to the Owner for five percent of the total amount of the Bid. As soon as the Bid prices have been compared, the Owner will return the Bonds of all except the three lowest responsible Bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidders will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned. A certified check may be used in lieu of the Bid Bond. 113- 3 96461.11/996 A Performance Bond and a Payment Bond, each in the amount of 100 percent of the ' Contract Price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each Bond, a certified and effective dated copy of their Power of Attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Payment Bond within twenty (20) calendar days , from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case of failure of the Bidder to execute the Agreement, the Owner may consider the Bidder in default, ' in which case the Bid Bond accompanying the proposal shall become the property of the Owner. ' The Owner within twenty (20) days of receipt of acceptable Performance Bond, Payment Bond and Agreement, signed by the party to whom the Agreement was ' awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may, by written notice, withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The Notice to Proceed shall be issued within twenty (20) days of the execution of the ' Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the twenty (20) day period, or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. ' The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out ' the obligations of the Agreement and to complete the work contemplated therein. A conditional or qualified Bid will not be accepted. , Award will be made to the lowest responsible Bidder. All applicable laws, ordinances, and the rules and regulations of all authorities having ' jurisdiction over construction of the Project shall apply to the contract throughout. 113- 4 96461.11/996 ' Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure of omission of the Bidder to do any of ' the foregoing shall in no way relieve any Bidder from any obligation in respect to its Bid. Further, the Bidder agrees to abide by the requirements under Executive Order No. ' 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the Supplemental General Conditions. The low Bidder shall supply the names and addresses of major material suppliers and subcontractors when required to do so by the Owner. All proposals shall include the following information: (1) Installation and reference list for similar jobs recently accomplished by the bidder. 1 (2) Statement of the Contractor's company history and current business volume. (3) List of subcontractors to be employed by the Contractor on this project. ' Inspection trips for prospective Bidders will leave from the office of the Southeast Brunswick Sanita[y District at 4310 Long Beach Road Southport.North Carolina 28461 - The Engineer is W K Dickson & Co Inc -- ' The Engineer's address is 92" Cleveland Lvenue Charlotte. North Carolina 28203-_ 1 IB- 5 96461.11/996 1 FmHA Instruction 1942-A Guide 19 Attachment 3 Proposal of called "BIDDER"), organized and existing * To the Southeast Brunswick Sanita1y District (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of: Contract No 3 Collection System in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at ' independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. ' Bidder hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 360 consecutive calendar days thereafter. BIDDER further agrees to ' pay as liquidated damages, the sum of $ 600 for each consecutive calendar day thereafter as provided in Section 15 of the General Conditions. ' BIDDER acknowledges receipt of the following ADDENDUM: F" BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for ' the following unit prices or lump sum: *Insert "a corporation", "a partnership", or "an individual" as applicable. B- 1 96461.108/96 BID (hereinafter 5124195 under the laws of the State of doing business as FmHA Instruction 1942-A Guide 19 Attachment 3 Page 2 CONTRACT NO.3 COLLECTION SYSTEM SCHEDULE A - SEWER IMPROVEMENTS NO. ITEM AMOUNT 1. 8" Gravity Sewer (0'-6' Depth) 15,235 LF @ ($ )/LF $ 2. 8" Gravity Sewer (6'-8' Depth 30,557 LF @ ($ )/LF $ 3. 8" Gravity Sewer (8'-10' Depth) 11,660 LF @ ($ )/LF $ 4. 8" Gravity Sewer (10'-12' Depth) 4,216 LF @ ($ )/LF $ 5. 8" Gravity Sewer (12'-14' Depth) 240 LF @ ($ )/LF $ 6. 4' Diameter Manhole (0'-6' Depth) 226 EA @ ($ )/EA $ 7. Extra Depth Manhole 619 VF ($ )NF $ 8. Inside Drop Manhole 2 EA ($ )/EA $ 9. 4" Sewer Force Main 6309 LF ($ )/LF $ 10. 6" Sewer Force Main 4,646 LF ($ )/LF $ B- 2 96461.108/96 11. 8" Sewer Force Main 4,795 LF ($ )/LF $ 12. Sewage Air Release Valve Installation 5 EA ($ )/EA $ 13. Boring and Jacking, 18" Steel Casing T = 0.250", includes carrier pipe 245 LF ($ )/LF $ 14. Concrete Encasement of Sewer Pipe 100 LF ($ )/LF $ 15. Short Sewer Service Connection 205 EA ($ )/EA $ 16. Long Sewer Service Connection 154 EA ($ )/EA $ 17. Asphalt Patch 3,000 LF ($ )/LF $ 18. Concrete Patch 15 LF ($ )/LF $ 19. Gravel Drive Patch 117 LF ($ )/LF $ SCH EDULE B - WATER IMPROVEMENTS NO. ITEM AMOUNT 1. Existing Well Abandonment, Complete 133 EA ($ )/EA $ 2. New Irrigation Well Installation, Complete 2 EA ($ )/EA $ 3. Water Service Connection, from County Installed Meter to Tie-in at Dwelling, Complete 133 EA ($ )/EA $ B- 3 96461.108/96 Total Bid for Contract No. 3 - Collection System (words) $ Contract time 360 calendar days. Liquidated damates $600.00 per calendar day. Respectfully submitted: (Signature) (Address) (Title) (License Number) (Date) SEAL - (if BID is by a corporation) Note: For a valid Bid, the Bid and Bid Bond must both be properly signed. B- 4 96461.108/96 11 FmHA Instruction 1942-A 5124195 (Guide 19 - Attachment 1) ADVERTISEMENT FOR BIDS Southeast Brunswick Sanitary District h Road 4310 Lin ' Southport, North Carolina 28461 Separate sealed Bids for the construction of (briefly describe nature, scope and major elements of the work) Contract No 3 - Collection System - 62,000 LF +/- of 8" gravity sewer with 8 pump stations and 24000 LF +/- of various diameter force mains will be received by The Southeast Brunswick Sanitary District at the office of the District at 4310 Long Beach Road, Southport. NC 28461 until (Standard Time - Daylight Savings Time) ' 19 and then at said office publicly opened and read aloud. The Contract Documents may be examined at the following locations: AGC Dodge Charlotte Raleigh Wilmington W K Dickson Charlotte Southeast Brunswick Sanitary District Copies of the Contract Documents may be obtained at the office of W K. Dickson Co Inc located at 1924 Cleveland Avenue Charlotte NC 28203 upon payment of $ 150.00 for each set. ' Any Bidder, upon returning the Contract Documents promptly and in good condition will be refunded $ -0- Small, minority, and workmen's businesses and labor surplus area firms are encouraged to submit bids. Date AB- 1 96461.11/996 FMHA INSTRUCTION 1942-A 5/24/95 (GUIDE 19 - ATTACHMENT 4) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and ' firmly bound unto as OWNER in the penal sum of for the payment of which, well and ' truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of 19 The condition of the above obligation is such that whereas the Principal has submitted 1 to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in .writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor and/or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of such extension. 10 (1-15-79) SPECIAL PN FMHA INSTRUCTION 1942-A (GUIDE 19 - ATTACHMENT 4) IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety By: EMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. r FMHA INSTRUCTION 1942-A 5/24/95 GUIDE 19 AGREEMENT THIS AGREEMENT, made this ____day of 19 by and ' between , hereinafter called "OWNER" and doing business as (an individual), or (a partnership), or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: ' That for and in consideration of the payments and agreements herein after mentioned: 1. The CONTRACTOR will commence and complete the construction of ' 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. ' 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within calendar days after the NOTICE TO PROCEED and ' will complete the same within calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ or as shown in the BID SCHEDULE. 5. The term "CONTRACT DOCUMENTS" means and includes the following: 1 A. ADVERTISEMENT FOR BIDS B. INFORMATION FOR BIDDERS C BID . D. BID BOND E. AGREEMENT s FMHA INSTRUCTION 1942-A GUIDE 19 5/24/95 F. GENERAL CONDITIONS G. SUPPLEMENTAL GENERAL CONDITIONS H. PAYMENT BOND I. PERFORMANCE BOND J. NOTICE OF AWARD K. NOTICE TO PROCEED L. CHANGE ORDER M. LOBBYING CERTIFICATIONS N. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS 0. LABOR STANDARDS PROVISIONS AND WAGE RATES (ONLY WHEN DAVIS-BACON ACT APPLIES TO CONTRACT) P. DRAWINGS PREPARED BY NUMBERED THROUGH AND DATED Q. SPECIFICATIONS PREPARED OR ISSUED BY AND DATED R. ADDENDA: # dated 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This AGREEMENT shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 2 FMHA INSTRUCTION 1942-A GUIDE 19 5/24/95 IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this AGREEMENT in copies, each of which shall be deemed an original on the date first above written. OWNER: ATTEST: (signature) Name (authorized signature) Name Title _ (SEAL): (please type) Title CONTRACTOR: (Business Name) BY Name Address (please type) (Authorized Signature) (please hype) Employer ID # SEAL: 3 ATTEST: (Signature) Name (please hype) Title NC Instruction 1942-A.1 Guide 6 (Attachment 5 to FmHA Instr.1942-A, Guide 19) 5/24/95 - PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address. of Contractor) a , herein after called PRINCIPAL, and (Corporation, Partnership, or Individual) 11. (Name of Surety) (Address of Surety) hereinafter called SURETY, are held and firmly bound unto -- (Name of Owner) (Address of Owner) hereinafter called OWNER, in the total aggregate penal sum of (Dollars ($ ) ' in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL ' entered into a certain contract with the OWNER, dated the day of 19 , a copy of which is hereto attached and made a part hereof for the . construction of: NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terns, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL 1 NC Instruction 1942-A.1 Guide 6 (Attachment 5 to FmHA Instr.1942-A, Guide 19) Page 2 such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of-the contract or to WORK to be performed thereunder of the SPECIFICATION accompanying same shall in any way affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the contract of the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 19 AT'T'EST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) (Principal) BY (s) (Address) (Surety) 11 t I? 1 1 1 1 i i NC Instruction 1942-A.1 Guide 6 (Attachment 5 to FmHA Intr. 1942-A, Guide 19) Page 3 ATTEST: (Witness as to Surety) (Address) (Attorney-in-Fact) (Address) NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. NC Instruction 1942-A.1 5/24/95 Guide 7 (Attachment 6 to FmHA Intr. 1942-A, Guide 19) PAYMENT BOND ' KNOW ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a herein after called PRINCIPAL, and (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) - ' hereinafter called SURETY, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of ' (Dollars ($ in lawful money of the United States, for the payment of which sum well and truly to be made; we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL ' entered into a certain contract with the OWNER, dated the day of 19 , a copy of which is hereto attached and made a part hereof for the construction of. NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized, extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, 1 . f... t I NC Instruction 1942-A.1 Guide 7 (Attachment 6 to FmHA Instr.1942-A, Guide 19) Page 2 , repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lien-holder whether it acquired its lien by operation of State or Federal law; then this obligation shall be void, ' otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the " SUBCONTRACTORS, and persons, firms; and corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and i agrees that no change, extension of time, alteration or addition to the-terms of the contract or to WORK to be performed thereunder of the SPECIFICATION accompanying same ' shall in any way affect its obligations on this BOND, and it does hereby. waive notice of any such change, extension of time, alteration of addition to the terms of the contract of the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant; (a)Unless claimant, other than one having a direct contract with the PRINCIPAL, shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the , materials for which said claim is made, stating with substantial accuracy, the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or surety. at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of on (1) year following the date of ' which PRINCIPAL ceased work on said CONTRACT, is being understood, however that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended as as to be equal to the ' minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, t r NC Instruction 1942-A.1 Guide 7 (Attachment 6 to FmHA Instr.1942-A, Guide 19) Page 3 so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and ' whether referring to addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 19 ATTEST: (Princi al) Secre(Principal) P ?' BY ) (SEAL) (Address) ' (Witness as to Principal) (Address) (Surety) ' ATTEST: (Witness as to Surety) (Attorney-in-Fact) Add ( ress) (Address) ' NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury ' Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. ' USDA-FmHA Form FmHA 400-6 (Rev. 12-16-75) COMPLIANCE STATEMENT This statement relates to a proposed contract with (Name of borrower or grantee) ' who expects to finance the contract with assistance from the Farmers Home Administration, United States Department of Agriculture (whether by a loan, grant, loan insurance, ' guarantee. or other form of financial assistance). I am the undersigned bidder or prospective contractor. I represent that ----- I . ? have, ? have not, participated in a previous contract or subcontract subject ' to executive order 11246 (regarding equal employment opportunity) or a preceding similar Executive order. 2. If I have participated in such a contract or subcontract, I ? have, ? have not, filed all compliance reports that I have been required to file in connection with the contract or subcontract. If the proposed contract is for 550,000 or more and I have 50 or more employees, I also represent that - - - 3. I ? have. ? have not previously had contracts subject to the written affirma- tive action program requirements of the Secretary of Labor. 4. If I have participated in such a contract or subcontract, I ? have, ? have not, developed and placed on file at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor. I understand thatlf Lhave failed to file any compliance reports that have been required of me, I am not eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless and until I make an arrangement regarding such reports that is satisfactory to the Farmers- Home Administration or to the office where the reports are required to be filed. I also certify that I do not maintain or provide for my employees any segregated facilities ' at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I certify further that I will not maintain or provide for my employees any segregated facilities at any of my establishments, and that I will not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I agree that a breach of this certification is a violation of the Equal Opportunity clause in • my contract. As used in this certification, the term "segregated facilities" means any waiting ' rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and.-housing facilities provided . for ' employees which are segregated by explicit directive or.are in fact segregated on. the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that (except where I have obtained identical certifications for proposed subcontractors for specific time periods) I will' obtain identical certifications from proposed ' subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that I will retain such certifications in my files; and that I will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): (See Reverse). f ,. Position 6 ' F--HA 400-6 (Rev. 12-16-75) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439. May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date Address (including. Zip Code) Signature of Bidder or Prospective Contractor 4 U.SAP0:197604"I /I= FMHA Instruction 1940-Q 5/24/95 ' Exhibit A-1 (modified) , CONTRACTOR AND SUBCONTRACTOR CERTIFICATION ON LOBBYING ' The undersigned certifies, to the bast of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extention, continuation, renewal, ' amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities" (attached) in accordance with its instructions. ' 3. The undersigned shall include the language of this certification in all subcontract awards and shall require all subcontractors to certify and disclose accordingly as appropriate prior to final award of the subcontract. If a subcontractor cannot provide this certification or is obligated to complete Standard Form - LLL as referenced above the undersigned agrees not to enter into the subcontract until he or she has received further instructions from the Owner. ' This certification is a material representation of fact upon which reliance was placed when this this transaction was made or entered into. Submission of this certification is a prerequisite ' for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not ' less than $10,000 and not more than $100,000 for each such failure. ' (name) (date) (title) NOTE: ABOVE CERTIFICATION MUST BE COMPLETED AND SUBMITTED WITH ' BID PROPOSAL. PRIME CONTRACTORS SHALL OBTAIN CERTIFICATION FROM SUBCONTRACTORS PRIOR TO ENTERING INTO THE SUBCONTRACT AND FURNISH OWNER AND RURAL ECONOMIC AND COMMUNITY DEVELOPMENT WITH A COPY OF SAME. 1 Exhibit A , 6744 Page Yederal Register / Vol. 55. No. 88 / Mcnday. February _1G. 1990 / Rules and Regulations INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 13S2. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the xuhawardee, e.g., the first subawardee of the prime is the 1%t liras. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. S. If the organization filing the report in item 4 rhet kv "Subawardee", then enter the full name, address, city, state .nil zip code of the prime Federal recipient. Iridudr (.ongressic nal District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organiartir.nal level below agency name, if known. For example. Department of Transportation. United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants. cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g. Request for Proposal (RFP) number, Invitation for Sid (IFS) number, grant announcement number. the contract. grant. or loan award number, the applicatiotvproposal control number assigned by the Federal agency). Include prefixes, e.g., •RFP-DE-90.001 " 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardtoan commitment for the prime entity identified in item 4 or S. 10. (s)Enter the full name, address, city, state and sip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s) performing services. and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report. enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution. • specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check ail boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s). employee(s), or Member(s) of Congress that were contacted. 1S. Check whether or not a SF-LLL-A Continuatign Sheet(s) is attached 16. The certifying offidal shall sign and date the form, print hisiber name, tide, and telephone number. Public reporting burden for this coCtttion of irrfonreratienr is estimated to average 30 mintues per response, including titre for reviewing instructions, searching existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of inforrunon. Send commence regarding the burden estimate or any other aspect of this collection of infornapon. including suggestions for seducing this burden, to the Ctfice of wtanaSement and Budget Papemork Reduction Protect (0346-0046). Washington. O.C. 20$03. 1 t 11 FmHA Instruction 1940-Q Exhibit A page 15 Federal Register / Vol. 55. No. 38 / Monday, February 213. 1990 / Rules and Regulations 6,f43 DISCLOSURE OF LOBBYING ACTIVITIES Agfwa"d to oMa rK esasoa.. Complete chit form ie) disclose lobbying activities pursuant to 31 U.S.C. 1752 (See reverie for public burden disclosure.) 1. Type of Federai Action: L Status of Federal Actiom 1 Repose Type: a. contract ? a. bid/offer.•application ? a. Iniual filing m ? b t i l l n b. grant b. initial award . a er a a c e g c cooperative agreement a post award Foe Material Change Onfr, d. loan e. loan guarantee year quarter (. loan insurance date of last report ?. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 is Subawaedee, Enter Nance and Address d Prime: O Prime O Subawardee Tier , if known: Congressional District, d known: Congressionak Dietrich d known . 6. Federal Department/Agency: 7. rederaf Prngram Nan?aDeseription: CFDA Number. if appltcablo: L Federal Action Number, if known: !. Award Amount, if known: . S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services trncludins atldross if (it individual, last name,.ffrst name, lh different from No. Wai Nast name. first none, Aft liff.h'h i•onrmvAlron Sheroflt srd:t.4 tfnetrltj#vP 11. Amount of Payment (check all that apply]: 17. Type d Paymeat (check aQ dw app/yt S O actual C planned O a. retainer O b. one-time fee 12 Form of Payment !check ad that apply): ? e commission ? a. cash O d. contingent fee ? b. in-kind. specify: nature C e. defamed Q f. other, specify. value 14. Brief Description of Services Performed or to be Performed and Date(s) of Service. including officer(s), empfoyeefsh or Memberts) contacted. for Payment Indicated in Item 11: wracAComuwatfdeShaw(, Sf1LL• dnecetsa 15. Continuation Sheet(s) SF•LLL•A attached: ? Yes O No , IL vva_ at wwauod duwt/t Utw MM is raw.,! by We SI U.S.C. ey,n/ttlll! Meta. f S31 fM dlaelanm ty IaOOap* rrctrwttaa ? a. watwul rapoaaatattdn +'tS d tact oa .tt.A ""Me .0 Ptacot tK the t.N at"" .Mw lk;$ trrwacb. M hods of owtarrrd itao TAl d6ci ?w t re..a r " t twd w Pt!Wt Nan= . a o rr t r a t It USX- UST, rh. adiMwataaw ..R V wertw r M cowr? .aww. ,r.waar a W M be a..taMa hr pleb[ -w.aelUn. A ? yartat .ha " to rt/k 44 dw -pawed dileletw. " be wAma to a ewd P"a" at hat tot dun U e d o t t t . e t Telephone No.: DatC. e ON hat "M LM . „ .... s c.c w o „ each «ah Fedoriil Use O atired 1« heat e.pwcsi.w t .. H em . W ln$2_') 1 _01 ) PM 1 71 ' FmHA Instruction 1942-A 5/24/95 ' (Guide 19 - Attachment 7) NOTICE OF AWARD ' To: ' Project Description: ' The Owner has considered the Bid submitted by you, for the above described work, in response to its Advertisement for Bids dated , 19_, and Information for ' Bidders. You are hereby notified that your Bid has been accepted for items in the amount of You are required by the Information for Bidders to execute the Agreement and furnish the ' required Contractor's Performance Bond, Payment Bond and Certificates of Insurance within twenty (20) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within twenty (20) days, from the date of this Notice, said Owner will be entitled to consider all your rights, arising out of the Owner's acceptance of your Bid, as abandoned and as a forfeiture of your Bid ' Bond. The Owner will be entitled to such other rights as may be granted by law. ' You are required to return an acknowledged copy of this Notice of Award to the Owner. 19 Dated this day of _ (Owner) BY ' Title ' ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ' this the day of , 19_. By ' Title (Guide 19 - Attachment 8) FmHA Instruction 1942-A NOTICE TO PROCEED TO: DATE: Project: You are hereby notified to commence WORK in accordance with the Agreement dated , 19 , on or before , 19 , and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore , 19 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PRO- CEED is hereby acknowledged by this the 19 By Title Employer Identification Number Owner By Title 000 (1-28-81) Pli 763 r L UNITED STATES DEPARTMENT OF AGRICULTURE EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE NOTICES (1). The following notices shall be included in all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 pursuant to Lepartment of Labor (OFCCP) regulations 41 CFR, Part 604. NOTICE oP-REQUIR=4rw TOR AFPiRMAT1VE ACIIo9 To EVSDP.E EQUAL EMPLOYMENT OPPORTUNITY (ExEcuTIvE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the -Equal Opportunity Clause" and the "Standard Federal Equal Employ- ment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in per- centage terms for the Contractor's aggegate workforce in each trade on all construction work in the covered area, are as follows: Goa" for Goals for female Timetables minority participation in participation for each trade each trade. 4. As used in this Notice, and in the con- tract resulting from thts solicitation. the -covered area" is (insert description of the geographical areas where the contract is to be performed giving the state. county.and city. If an v). STANDARD FEDERAL EQUAL EMPLOYMENT OP- PORTONITY CONSTRUCTION CONTRACT SPECI- ncATIolrs tFxzcmxvE OaDEa 11246) L As used in these specifications: a. "Covered area" Paeans the ®eagraphical area described. In the soticttadon hV= which this contract Tamed; b. -Directae' mesas Direclior. Office of Federal Ccmtract Cornptiaaoe Prommas. United States Department of Labor. or SAY person to whom the Director delegates au- thority; G -Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, US. Treasury Department Form 941. d. "Minority" includes: (1) Black (alt persons having origins to any of the Black African racial-groups not of Hispanic origin): (ii) Hispanic (all persons of Mexican. Puerto Rican. Cuban. Central or South American or other Spanish Culture or origin. regardless of race): (110 Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far.East. Southeast Asia, the Indian Subcontinent. or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community Identification). 2. Whenever the Contractor. or any Sub- contractor at any tier. subcontracts a por- tion of the work Involving any construction trade, it shall physically Include in each subcontract in excess of $10,000 the provi- sions of these specifications and the Notice which contains the applicable goals for mi- nority and female participation and which is set forth in the solicitations from which this contract resulted. 3. -!f the Contractor is participating (pur- suant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative. action obligations on all work in the Plan area (including. goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to dem• onstrate their participation in and compli• ance with the provisions of-any such Home- Insert goals for insert goals for each year. each year. These goals are applicable to all the Con- tractor's construction work (whether or not it is Federal or federally assisted) perforated in the covered•area. The Contractor's compilance with the Xx- ecutive Order and the regulations in 41 CPR Part 65-4 shall be based on its Implementa- tion of the Equal Opportunity Clause. spe- cific affirmative action obligations required by the specifications set forth in 41 CFR 6o- 4.3(a), and its efforts to meet the goals es- tablished for the geographical area where the oontract resulting from this solicitation is to be performed. The hours of minoriy and female employment and training must be substantially uniform throughout the length of the eontlvcC and in each trade. and the contractor shall make a good faith effort to employ minorities and roomer evenly on each of its projects. The transfet of minority or female employees or trainees from Contractor to Contractor or from proj- ect to project for the sole purpose of meet- ing the Contractor's goals shall be a viola- tion of the contract. the Executive Order and the regulations in 41 CPR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall-provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any con. structlon subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the sub- contract; and the geographical area in which the contract is to be performed. CONTRACT COMPLIANCE NOTICES PAGE 1 FORM AD-767 (5-79) 41 CFR, PART 60.4 town Plan. Each Contractor or Subcontrac- tor participating in an approved Plan is indi- i6idually required to comply with its obliga- tions under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has em- ployees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcon- tractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards pro- vided in paragraphs 7a through p of these specifications. The goals set forth in the so. licitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minor- ity and female utilization the Contractor should reasonably be able to achieve in each contruction trade in which it has employees in the covered area The Contractor is ex- pected to make substantially uniform pro- gress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a col- lective bargaining agreement, to refer either minorities or women shall excuse the Con- tractor's obligations under these specifica- tions, Executive Order 11246. or the regula- tions promulgated pursuant thereto. • 6. In order for the nonworking training hours of apprentices, and trainees to be counted in meeting the goals, such appren- tices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commit- ment to employ the apprentices and train- ees at the completion of their training, sub- ject to the availability of employment op- portunities. Trainees must be trained pursu- ant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific af- firmative actions to ensure equal employ- ment opportunity. The evaluation of the Contractor's compliance with these specifi- cations shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these ef- forts fully, and shall implement affirmative action steps at least as extensive as the fol- lowing: a. Ensure and maintain a working environ- ment free of harassment, intimidation. and coercion at all sites. and in all facilities at which the Contractor's employees are as- signed to work. The Contractor, where pos- sible. will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, super- intendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific atten- tion to minority or female individuals work- ing at such sites or to such facilities. b. Establish and maintain a current list of minority and female recruitment sources. provide written notification to minority and female recruitment sources and to commu- nity organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the orga- nizations" responses. c. Maintain a current file of the names. addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union. a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred. not employed by the Contractor, this shall be documented in the file with the reason therefor. along with whatever additional ac- tions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor. or when the Con- tractor has other information that the union referral process has impeded the Con- tractor s efforts to meet Its obligations. e. Develop on-the-job training opportuni- ties and/or participate in training programs for the area which expressly Include minor- ities and women, including upgrading pro- grams and apprenticeship and trainee pro- grams relevant to the Contractor's employ- ment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice. of these programs to the sources compiled under 7b above. L Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and request- ing their cooperation in assisting the Con- tractor in meeting its EEO obligations; by including it in any policy manual and collec- tive bargaining agreement: by publicizing it in the company newpaper, annual report. etc.: by specific review of the policy with all management personnel and with all minor- ity and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construc- tion work is performed. g. Review, at least annually, the compa- ny's EEO policy and affirmative action obli- gations under these specifications with all employees having any responsibility for hiring. assignment, layoff, termination or other employment decisions including spe- cific review of these items with onsite super- visory personnel such as Superintendents, General Foremen, etc., prior to the initi- ation of construction work at any job site. A written record shall be made and main- tained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the sub- ject matter. h. Disseminate the Contractor's EEO policy externally by including it in any ad- vertising in the news media, specifically in- cluding minority and female news media. and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts. both oral and written, to minority. female and com- munity organizations, to schools with mi- nority and female students and to minority and female recruitment and training organi- zations serving the Contractor's recruitment area and employment needs. Not later than CONTRACT COMPLIANCE NOTICES PAGE 2 FORM AD-767 (5-79) 41 CFR, PART 60-4 1 LI FJ one month prior to the date for the accept- ance of applications for apprenticeship or other training by any recruitment source. the Contractor shall send written notifica- tion to organizations such as the above, de- scribing the openings, screening procedures. and tests to be used in the selection process. ;. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable. provide after school, summer and vacation employ- ment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection re- quirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an Inventory and evaluation at least of all minority and female personnel for promotional opportu- nities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. in. Ensure that seniority practices, job classifications. work assignments and other personnel practices, do not have a discrimi- natory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Coft tractor's obligations under these specifica- tions are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that sep- arate or single-user toilet and necessary changing facilities shall be provide' to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contrac- tors and suppliers, including circulation of solicitations to minority and female contrac- tor associations and other business associ- ations. p. Conduct a review, at least annually, of all supervisors' adherence to and perform- ance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to partici- pate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The ef- forts of a contractor association, joint con- tractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be assert- ed as fulfilling any one or more of its obliga- tions under 7a through p of these Specifica- tions provided that the contractor actively participates in the group. makes every effort to assure that the group. has a posi- tive impact on the employment of minor- ities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the ef- fectiveness of actions taken on behalf of the Contractor. The obligation to comply. how- ever. is the Contractor's and failure of such a group to fulfill an obligation shall not be a• defense for the Contractor's noncompliance. 9. A single goal for minorities and a sepa- rate single goal for women have been estab- lished. The Contractor. however. is required CONTRACT COMPLIANCE NOTICES PAGE 3 to provide equal employment opportunity and to take affirmative action for all minor- ity groups. both male and female, and all women. both minority aid non-minority. Consequently, the Contractor may be In vio- lation of the Executive Order if a particular group is employed in a substantially dispa- rate manner (for example, even though the Contractor has achieved its goals for women generally. tho Contractor cony be in viola- tion of the Executive Order if a specific mi- nority group of women is urderutilizcd). 10. The Contractor shall not tom the goals and timetables or affirmative action stand- ards to discriminate against any person be- cause of race. color. religion, sex. or natioiutl origin. 11. The Contractor shall not enter into any Subcontract with any person or firm de- barred from Government contracts pursu- ant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Oppor- tunity Clause, including suspension, termi- nation and cancellation of existing subcon- tracts as may be imposed or ordered pursu- ant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Pro- griuns. Any Contractor who fails to carry out such sanctions and penalties shall be In violation of these specifications and Execu- tive Order. 11246, as amended. 13. The Contractor, in fulfilling its obliga- tions under these'specifications, shall imple- ment specific affirmative action steps, at least as extensive as those standards pre- scribed in paragraph 7 of these specifica- tion{, so as to achieve maximum results from'its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Execu- tive Order, the implementing regulations, or these specifications, the Director shall pro- teed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a re- sponsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out. to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, tele- phone numbers. construction trade, union affiliation if any, employee identification number when assigned, social security number. race. sex, status (e.g.. mechanic. ap- prentice trainee, helper. or laborer), dates of changes In status, hours worked per week in the indicated trade, rate of pay. and loca- tions at which the work was performed. Records shall be maintained in an easily un- derstandable and retrievable form: however. to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be con- strued as a limitation upon the application of other laws which establish different standards of compliance or upon the appli- cation of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Black Grant Program). FORM AD-767 (5-79) 41 CFR, PART 60-4 *U.S. OOVERNKrM PRINTING orrIC7 t 1979 0.280-930/Or-79 ' FmHA Instruction 1942-A (with N. C. revisions) 5 05/24/9 (Guide 19 - Attachment 9) Page i GENERAL CONDITIONS 1 Definitions 17. Subsurface Conditions . 2 Additional Instructions and 18. Suspension of Work, . Dtemil Drawings Termination and Delay 3 Schedules, Reports, and Records 19. Payments to Contractor ' . 4.. Drawings and Specifications 20. Acceptance of Final Payment 5. Shop Drawings as Release 6. Materials, Services & Facilities 21. Insurance ' 7. Inspection and Testing 22. Contract Security 8 Substitutions t 23. Assignments . 9. Patents 24. Indemnification 10. Surveys, Permits-and Regulations 25. Separate Contracts 11 Protection of Work, Property, and 26. Subcontracting . Persons 27. Engineer's Authority 1 12. Supervision by Contractor 28. Land and Rights-of-Way 13. Changes in the Work 29. Guaranty - ' 14. Changes in Contract Price 30. 31 Taxes Environmental Requirements 15. Time for Completion and . Liquidated Damages ' 16. Correction of Work ' 1. DEFINITIONS i i Wherever used in the CONTRACT DOCUMEN TS, the following terms shall have the meanin s t . indicated and shall be applicable to both the sing ular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS. by auditions. deletions, clarifications, or corrections. 1.3 BID - The offer or proposal of the BIDDER submitted on the' prescribed form setting forth the ' prices for the WORK to be performed. ' 1.4 BIDDER - Any person, firm, or corporation submitting a BID for the WORK. ' 1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR'S surety in accordance with the CONTRACT DOCUMENTS. 1 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or ' authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. FmHA Instruction 1942-A (%&-ith N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) ' Page 2 1.7 CONTRACT DOCUMENTS - The contract, including ADVERTISEMENT FOR BIDS, INFORMATION FOR BIDDERS, BID, BID BOND, AGREEMENT, PAYMENT BOND, PERFORMANCE BOND, 'N'OTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER. ' CONIPI IANCE. STATEMENT, EQUAL.E?MPLOYME NT 01-PORTUNITY CON-TRACT COMPLIANCE NOTICES, LOBBYING CERTIFICATION FORMS, CERTIFICATE OF ' OWI TER'S ATTORNEY, APPROVAL OF CONTRACT; GENERAL CONDITIONS, SUPPLEMENTAL GENERAL CONDITIONS, PARTIAL PAYMENT ESTIMATE, CERTIFICATE OF SUBSTANTIAL COMPLETION, LABOR STANDARDS PROVISIONS ' (where Davis-Bacon Act applies), MINIMUM WAGE RATE SCHEDULE (where Davis-Bacon Act applies), DRAWINGS, SPECIFICATIONS, and ADDENDA. , 1.8 CONTRACT PRICE - The total moneys payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. , 1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the substantial completion of the WORK. I 1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the AGREEMENT. , 1.11 DRAWINGS - The parts of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or app;-3ved by the , ENGINEER. 1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT t DOCUMENTS. 1.13 FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in , to CONTP ACT PRICE or an extension of the CONTRACT TIME. issued by the ENGINEER to tilt. CCti i ?.A TOR during .:obstruction: , 1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER. , 1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of ' the WORK. 1.16 OWNER - A public or quasi-public body or authority, corporation, association, partnership, or an ' individual for whom the WORK is to be performed. 1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS. t - --- .1. 18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. , u ' FmHA Instruct,on 1942-A (with N. C. revisions) 5/2-!95 (Guide 19 - Attachment 9) ' Page 3 1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data ' which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. ' i.20 S?cCIFICATIONS -.A part of the CONTRACT DOCUMENTS consisting of written descnxions of a technical nature of materials, equipment, construction systems, standards and workmanship. ' 1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with ' 1.24 including SUPPLIER th - at Any fabricated person to or a special AMC; organization gn, who but who supplies does not materials pe or rform labor equipment at th for e the site. WORK, CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 1.22 SUBSTANTIAL COMPLETION -That date certified by the ENGINEER when the construction ' of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. ' 1.23 SUPPLEMENTAL GENERAL CONDITIONS -Modifications to GENERAL CONDITIONS required by a Federal agency for participation in the PROJECT And approved by the agency in ' writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws. 1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the ' PROJECT. 1.26 WRITTEN NOTICE - Any notice to any party of the AGREEMENT relative to any part of this ' AGREEMENT in writing and considered delivered and the service thereof completed. when posted by certified or registered mail to the said party at their last given address, or deliverer: irl person to said party or their authorized representative on the WORK: ' 2. ADDITIONAL INSTRUCTIONS AND DETAEL DRAWINGS ' 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. r . 2.2 The additional drawings and instructions thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions. FmHA Instruction 1942-A (with N. C. revisions) 5/24195 (Guide 19 - Attachment 9) M Page 4 3. SCHEDULES, REPORTS, AND RECORDS ' 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress , schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK_ to be performed. 3.2 Pri or to the first partial payment estimate the CONTRACTOR shall submit construction progress ' schedules showing the order in which the CON'T'RACTOR proposes to carry on the WORK, including dates at which the various parts of the WORK will be started, estimated date of , completion of each partand, as applicable: 3.2.1 The dates at which special detail drawings will be required; and , 3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the , testing and the installation of materials, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that the CONTRACTOR , anticipates will be earned during the course of the WORK. 4. DRAWINGS AND SPECIFICATIONS ' 4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the ' WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to e t::- rA, j r..-T in an accepta' ie tranne: fror use, operation b v t':e OWNER. 4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over general DRAWINGS. ' 4. An' i c:c? Found eeri the Di AVVItiGS and SPECiFICAT10 S and. any conditions or , any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of such ' discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk. 1 FmHA Instruction 1942-A (with N: C. revisions) 5/24/9 (Guide 19 - Attachment 9) Page 5 ' 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the execution of ' the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review- all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER. r 5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP ' DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. ' 5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall tie kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. 6. MATERIAIS, SERVICES AND FACILITIES ' that, except as otherwise 6.1 It is understood specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature ' whatsoever necessary to execute, complete, and deliver the WORK within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. 6.3 'N4anufactured articles, materials; and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. ' 6.4 Materials supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. FmHA Instruction 1942-A (with N. C. revisions) 5124/95 (Guide 19 - Attachment 9) ¦ Page 6 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate ' inspectior. and testing in accordance with generally accepted standards; as required and defined in ih- CONTRACT DOCUMENTS. 7.2 The OWNER shall provide all' inspection and testing services not required by the CONTRACT ' DOCUMENTS. 7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense the testing and inspection ¦ services required by the CONTRACT DOCUMENTS. CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or orders of any public , 7.4 If the authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval. - 7.5 Inspections, tests, or approvals by the engineer or others shall not relieve the CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the , CONTRACT DOCUMENTS. 7.6 The ENGINEER and the ENGINEER'S representatives will at all times ha•-° access to the ' WORK. In addition, authorized representatives and agents of any participating Federal or State 11 st,. _l' 1,e to ,oec*. oill wor . mater;als. na?:?roll-. records or personnel, invoices of materials. & other relevant data & records. The CONTRACTOR will provide proper facilities , for such access & observation of the WORK and also for any inspection or testing thereof. 7.7 if any WORK is covered contrary to the written instructions of the ENGINEER it must, if r. r ?jt?d b_.- ENGINEER- e uncovered for flh- ENGINEER'S obser :,ation and replaced at the CONTRACTOR'S expense. ' 7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested , by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection, or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction and an appropriate CHANGE ORDER shall be issued. , FmHA Ins, ruction 1942-A with N L. C. revisions) 5/24!95 ' (Guide 19 - Attachment 9) Page 7 ' 8. SUBSTITUTIONS ' 8.1 Whenever a material, article, or piece of equipment is identified on the DRAWINGS or SPcCIFICATIONS by reference to brand name or catalogue numbers, it shall be understood this is referenced for the purpose of defining the performance or other salient requirements an ' that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipmen equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article or piece of equiprtlent is of equal substance and function to that specified, the ENGINEER will approve its substitution and use by the CONTRACTOR. Any cost different shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall appropriately modified by CHANGE ORDER. The CONTRACTOR shall warrant that if substitutes are approved, no major changes in the function or general design of the PROJECT result. Incidental changes or extra component parts required to accommodate the substitute 'A made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. ' 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and shall defend all st ' or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a partici process. design, or product of a particular manufacturer or manufacturers is specified. ho,?'ev the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the ENGINEER. ' 10. SURVEYS, PERMITS, REGULATIONS ' 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adja to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided ' the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRAC shall develop and make all detail surveys needed for construction such as slope stakes, batter ' boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. separate payment shall be made to the contractor for this work unless specified. ' 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points, and stakes and, case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 1 1 FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) , Page 8 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be , secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or ' permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The COl`iTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, t, CON'T'RACTOR shall promptly notify the ENGINEER in writing, and any necessary changes shall be initiated as provided for in Section 13, CHANGES IN THE WORK. ' 11. PROTECTION OF WORK, PROPtRTY, AND PERSONS - 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, will provide the necessary precautions for the safety of, will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property a' the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of ' construction. 11.2 The CONTRACTOR will comply with all applicable laws, ordinap_,-.2s, rules, regulations, and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as r:= uired by the co Clil-ons and progress of the WORK, al1 necessary safeguards for safety and protection. The CONTRACTOR will notify owners of adjacent utilities when prosecution of th, WORK may affect them. The CONTRACTOR will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone of ' whose acts any of them be liable, except damage'or loss attributable to the fault of the CON -1 RACT D0CU:0 1--:" i TS or to the acts oT omissions of the OWNER, of the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. , 11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the ENGINEEF or OWNER, shall act to prevent threatened damage., injury or loss. The CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shat thereupon be issued covering the changes and deviations involved. FmH.,\'instn:ction i?42-A (With N. C. revisions, 5/24/95 ' (Guide 19 - Attachment 9) Page 9 ' 12, SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for tl means, methods, techniques, -sequences and procedures of construction. The CONTRACTOR employ and maintain on the WORK a qualified supervisor or superintenddnt who shall have be designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the sit The supervisor shall have full authority to act on behalf of the CONTRACTOR and all ' communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervi; 'and coordination of the WORK. ` 13. CHANGES IN T THE WORK ' 13.1 The OWNER may at any time, as the need arises, order changes within the scope of the WO1: without invalidating the AGREEMENT. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WOPJ ' equitable adjustment shall be authorized by CHANGE ORDER. 13.2 The ENGINEER, also, may at any time, by issuing a FIELD. ORDER, make changes in the ' details of the WORK. The CONTRACTOR shall proceed with the performance of any change the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIEL ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, i which event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof witf sever. (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TI11E within thirty (30) days. CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. ' 14. CHANGES IN CONTRACT PRICE ' -14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value or wny WORK covered by a CHANGE ORDER or of any claim for increase or decrease in ti-.e CONTRACT PRICE shall be determined by one or more of the following methods in the ordt ' precedence listed below: a. Unit prices as obtained from contractor's bid (for +/- 25% bid quantity). ' b. Unit prices adjusted for documented increases/decreases in material . and/or labor costs with concurrence of all parties. ' c. An agreed lump sum. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ' 15.1 The date of beginning and the time for completion of the WORK are essential conditions of tl CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specii in the NOTICE TO PROCEED. FmHA Instniction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) , Page 10 15.2 The CONTRACTOR. will proceed with the WORK at such rate of progress to insure full , completion within the CONTRACT TIME. It is expressly understood and agreed, by and betwe the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK_ described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. , 15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER th, amount for liquidated damages as specified in the BID for each calendar day_ that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER. 15.4.1 To any preference, priority or allocation order duly issued by the OWNER. 15.4.2 To unforeseeable causes beyond the control and without dhe fault or negligence of the CON-TRACTOR, including but not restricted to: acts of God, of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, , fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15. a. 3 To anv Bela-ys of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGiNEER for failure to comply with the CONTRAC=T DOCliiVIENTS. whether incorporated the construction or not, and the CONTRACTOR shall promptly replace and re execute the WO? in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement. ' 16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after' receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials the expense of the CONTRACTOR. , 17. SUBSURFACE CONDITIONS 17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the evi of an emergency, notify the OWNER by WRITTEN NOTICE of: ?I FmHA Instruction :942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) Page 11 17. 1. 1 Subsurface or latent physical conditions at the site differing materially from those indicat, ' in the CONTRACT DOCUMENTS; or 17,.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from ' those ordinarily encountered and generally recognized as inherent in WORK of the character anc at a similar setting or location provided for in the CONTRACT DOCUMENTS. ' 17.2 The OWNER shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, - performance of the WORK, an equitable adjustment shall be made -and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR adjustment thereunder shall not be allowed unless the required WRITTEN NOTICE has been given; provided that the OWNER may, if the OWNER determines the facts so justify, consider ' and adjust any such claims asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION, AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than nine days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to tht CONTRACTOR and the ENGINEER which shall fix the date on which WORK shall be resume< The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will b ' allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. ' 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for t benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for an. of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skille workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment or disregards laws, ordinanc s, ruie regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and afte giving the CONTRACTOR and its surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the ' PROJECT and of all materials, equipment, tools, construction equipment and machinery thereor owned by the CONTRACTOR, and finish the WORK by whatever method the OWNER may deem expedient. In'such case the CONTRACTOR shall not be entitled to receive any further ' payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional professional services, such excess SHALL BE PAID TO THE CONTRACTOR. FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) Page 12 If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. 18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination , shall not affect any right of the OWNER against the CONTRACTOR then existing-or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS. ' 18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit. , 18.5 If, tthrough no act or fault of the CONTRACTOR the WORK is suspended fora period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted, or , the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the ' CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of :e-urinating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days WRITTEN NOTICE to the OWNER and the ENGINEER stop the WORK until paid all amounts then due, in , which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK. ' 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within the time specified in the ' CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. i? FmHA Instruction 191?-A (with N. C. revisions) 5/24/95 ' (Guide 19 - Attachment 9) Page 13 19. PAY.NIENT TO CONTRACTOR 19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall ah be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect the OWNER'S interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR ' indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and re submit the partial payment estimate. ' The OWNER will, within ten (10) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of fh*e approved partial payment estima less the retainage. The retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in ful to the CONTRACTOR and no additional amounts may be retained unless the ENGINEER certifi that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the CONTRACTOR. At 50% completion or any time thereafter when the progress of the WOR is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the WORK ' any amount retained may be paid to the CONTRACTOR. When the WORK has been substantial completed except for WORK which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the OWNER are valid reasons for non completion, the OWNER may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the WORK still to be completed. ' 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER a with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 ' (Guide 19 - Attachment 9) Page 14 ' 19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. 19.5 Upon completion and acceptance of the NVORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK. , 19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless ' from all claims growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR , shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with , the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, the CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, t any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not , be liable to the CONTRACTOR for any such payments made in good faith. 19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. 1 t FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) ' Page 15 20. ACCEPTANCE OF FINAL PAS AS RELEASE 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to ' the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating i or arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the CONTRACT DOCUMENTS or 0 Performance and Payment BONDS. 1 21. INSURANCE 1 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims st forth below which may arise out of, or result from, the CONTRACTORS execution of thWORK, whether such execution be by the CONTRACTOR, any SUBCONTRACTOR, or by ' anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: ' . ' 21.1.1 Claims under workmen's compensation, disability benefit and other similar employee benefit acts; ' 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death e ' employees; 21.1.3 Claims for damages because of bodily injury, occupational sickness or disease, or death c ' any person other than employees; 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustain (1) by any person as a result of an offense directly or indirectly related to the employment of suc person by the CONTRACTOR, or (2) by any-other person; and 21.1.5 Claims for damages because of injury to or destruction of tangible property, including lo: ' of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior WRITTEN ' NOTICE has been given to the OWNER. FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) ' Page 16 21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during , the CONTRACT TIME, Liability insurance as hereinafter specified: i i ' , nclud ng S General Public Liability and Property Damage. Insurance 21.3.1 CONTRACTOR vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by the CONTRACTOR or-by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be written with a limit of liability of not less than $500,000 for all damages'arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person ' in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. ' 21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value thereof for the benefit of the ' OWNER, the CONTRACTOR, and SUBCONTRACTORS as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete the PROJECT. , 21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the ' WORK is performed, Workmen's Compensation Insurance, including occupational disease provisions, for all of the CONTRACTOR'S employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract' at the site of the PROJECT is not protected under Workmen's Compensation statue, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate ' and suitable insurance for the protection of its employees not otherwise protected. 21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious ' mischief, wind collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is.accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, and the OWNER. ' FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) Page 17 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within twenty (20) days after the receipt of the NOTICE OF AWAR: furnish the OWNER with a Performance BOND and a Payment BOND in penal sums equal to ti amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bondi; company licensed to transact such business in the state in which the WORK is to be performed a named on the most current list of "Surety Companies Acceptable on Federal Bonds" as publishes in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR.- If at any time a surety on any such BOND is declared bankrupt or los'. its right to do business in the state in which the WORK is to be performed or is removed from tf. list of Surety Companies accepted on Federal Bonds, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such for and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell,. transfer, assign, or otherwise dispose or the Contract or any portion thereof, or of any right, title. or interest therein, or any obligations thereunder, without written consent of the other party. 24. INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and 1 their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, to injury to or destruction of tangible property including the loss of use resulting therefrom; and caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, ar: SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for who. ' -acts any of them may be liable. 24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or ' employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the ' indemnification obligation shall not be limited in any way by any limitation on the amount or tyF of damages, compensation or benefits payable by or for the CONTRACTOR or any FmHA Instruction 1942-A (with N. C. revisions) (Guide 19 - Attachment 9) Page 18 5/24/95 SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. ' 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, its agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25. SEPARATE CONTRACTS 25.1 The OWNER reserves the right to let other contracts in connection with -this PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate the WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. ' 25.2 The OWNER may perform additional WORK related to the PROJECT or the OWNER may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER, if the OWNER is , performing the additional WORK) reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate , the WORK with theirs. 25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves it in additional expense or entitles it to an extension of the CONTRACT TIME, i the CONTRACTOR may make a claim thereof as provided in Sections 14 and 15. 26. SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the t WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR'S, in excess of twenty (20%) percent of the CONTRACT PRICE, without prior written approval of the OWNER and , Rural Economic and Community Development. 26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of its SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons directly employed by the ' CONTRACTOR , . ' FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) Page 19 26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative ' to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS and t give the CONTRACTOR the same power as regards terminating any subcontract that the OWNS ' may exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS. 26.5 Nothing contained in this CONTRACT shall create any contractual relationship between any SUBCONTRACTOR and the OWNER. (Revised 2-16-83, PN 869) ' 27. ENGINEER'S AUTHORITY 27.1 The ENGINEER shall act as the OWNER'S representative during the construction period, shall decide questions which may arise as to quality and acceptability of materials furnished and WOR performed, and shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiasf manner. The ENGINEER will make visits to the site and determine if the WORK is proceeding accordance with the CONTRACT DOCUMENTS. 27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship, and execution of the WORK. Inspections may i made at the factory or fabrication plant of the source of material supply. 27.3 The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS. ' 28. LAND AND RIGHTS-OF-WAY ' 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of wa necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes t1 lands owned and rights-of-way acquired. 28.3 The CONTRACTOR shall provide at its own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary constructio t facilities, or for storage of materials. 1 I FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 , (Guide 19 - Attachment 9) Page 20 29. GUARANTEE 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed , for a period of one (1) year from the date of SUBSTANTIAL COMPLETION, or for a longer period of time if so stated in the specifications or other CONTRACT DOCUMENTS. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of , SUBSTANTIAL COMPLETION of the,system or other specified date that the completed system- is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the I repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by ' such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in full force and effect through the guarantee period. 30. TAXES 30.1 The CONTRACTOR will pay all sales, consumer, use, and other similar taxes required by the laws of the place where the WORK is performed. ' 31. ENVIRONMENTAL REQUIREMENTS (Added 9-16-92, PN 191) The CONTRACTOR, when constructing a project involving trenching and/or other related earth ' excavation, shall comply with the following environmental constraints: 31.1 WETLANDS - The CONTRACTOR, when disposing of excess, spoil, or other construction materials on public or private property, WILL NOT FILL IN or otherwise CONVERT WETLANDS. - ' 31.2 FLOODPLAINS - The CONTRACTOR, when disposing of excess, spoil, or other construction materials on public or private property, WILL NOT FILL IN or otherwise CONVERT 100-YEAR FLOODPLAIN areas delineated on the latest FEMA Floodplain Maps. 31.3 HISTORIC PRESERVATION - Any excavation by the Contractor that uncovers an historical or ' archaeological-artifact shall be immediately reported to the PROJECT ENGINEER and a representative of RECD. Construction shall be temporarily halted pending the notification process and further directions issued by RECD after consultation with the State Historic Preservation Officer (SHPO). FmHA Instruction 1942-A (with N. C. revisions) 5/24/95 (Guide 19 - Attachment 9) Page 21 31.4 ENDANGERED SPECIES - The CONTRACTOR shall comply with the Endangered Species Ac which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the CONTRACTOR, the CONTRACTOR will immediatelx report this evidence to the PROJECT ENGINEER and a representative of RECD. Construction shall be temporarily halted pending the notification process .and further directions issued by REC after consultation with the U.S. Fish and Wildlife Service. FmHA Instruction 1942-A 5/24/95 Guide 18 Page 1 FmHA Supplemental General Conditions ' The Provisions of the Farmers Home Administration (FmHA) Supplemental General Conditions as described herein change, amend, or supplement the General Conditions and shall supersede any conflicting provisions of this ' CONTRACT. All provisions of the General Conditions which are not changed, amended, or supplemented, remain in full force. 1 1. CONTRACT APPROVAL < 9. AINTI-KICKBACK 2. CONTRACT CHANGE ORDERS 10. VIOLATING FACILITIES 3. PARTIAL PAYMENT ESTIMATES 11. ySTATE ENERGY POLICY ' 4. CONFLICT OF INTEREST 12. EQUAL OPPORTUNITY 5. PROTECTION OF LIVES AND REQUIREMENTS PROPERTY 13. CERTIFICATE OF OWNER'S 6. GRATUITIES ATTORNEY ' 7. AUDIT AND ACCESS TO RECORDS 14. FmHA CONCURRENCE 8. SMALL, MINORITY & WOMEN'S BUSINESSES ` ' 1. CONTRACT APPROVAL ' 1.1 The OWNER and the CONTRACTOR will furnish the OWNER'S Attorney such evidence as required so that the OWNER'S Attorney can complete and execute "Certificate of Owner's Attorney" (Section 14) before the ONVNER submits the executed Contract Documents to FmHA for approval. ' 1.2 Concurrence by the FmHA State Director or designee in the award of the CONTRACT is required before it is effective and the "FmHA Concurrence" (Section 15), shall be attached and made a part of the Agreement. ' 1.3 When a PERFORMANCE BOND and PAYMENT BOND are provided, the United States acting through the Farmers Home Administration will be named as co-obligee in these BONDS unless ' prohibited by State law. Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where j the project is located. FmRA Instruction 1942-A Guide 18 Page 2 1.4 This CONTRACT is expected to be funded in part with funds from the FmHA. Neither the United States nor any of its ' departments, agencies, or employees is or will be a party to this CONTRACT or any ' SUBCONTRACT. 2. CON-TRACT CHANGE ORDERS 2.1 All changes affecting the project's construction cost 'or modifications of the terms or conditions of-the CONTRACT must be ' authorized by means of a written contract change order which is mutually agreed to by the OWNER and CONTRACTOR and is approved by FmHA. The contract change order will include extra ' work, work for which quantities have been altered from those shown in the bidding schedule, as well as decreases or increases in the quantities of installed units which are different than,those shown in ' the bidding schedule because of final measurements. All changes must be recorded on a contract change order before they can be ment estimate a rtial d i l d ' . p y n a pa e u inc 2.2 Form FmHA 424-7, "Contract Change Order" or similar form approved by FmHA shall be used to record CONTRACT CHANGES. , 2.3 When the CONTRACT sum is in whole or in part based on unit ' prices, the OWNER reserves the right to increase or decrease a unit price quantity as may be deemed reasonable or necessary in order to complete the work contemplated by this CONTRACT. ' 3. PAItTLAL PAYMENT ESTIMATES _ 3.1 Form FmHA 424-18, "Partial Payment Estimate," or similar form ' approved by FmHA shall be used when estimating periodic payments due the CONTRACTOR. ' 3.2 The OWNER may, after consultation with the ARCHITECT/ENGINEER withhold or, on account of subsequently , discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the OWNER from loss on account of. 3.2.1 Defective work act remedies. ' 1 FmIU Instruction 1942.A ' Guide 18 Page 3 3.2.2 Claims filed. 3.2.3 Failure of CONTRACTOR to make payments properly to subcontractors or suppliers. 3.2.4 A reasonable doubt that the WORK can be completed for ' the balance then unpaid. 3.2.5 Damage to another CONTRACTOR. Performance of WORK in violation of the terms of the 3.2.6 CONTRACT DOCUMENTS. 1 3.3 Where WORK on unit price items is substantially complete but lacks testing, clean-up and/or corrections, amounts shall be deducted 1 from unit prices in partial payment estimates to amply cover such testing, clean-up and/or corrections. ' 3.4 When the items in 3.2 and 3.3 are cured, payment shall be made for amounts withheld because.of them. 1 3.5 Payments will not be made that would deplete the retainage nor place in escrow any funds that are required for retainage nor invest 1 the retainage for the benefit of the CONTRACTOR. ' 4. CONFLICT OF INTEREST 4.1 Unacceptable bidders. An ENGINEER or ARCHITECT ' (individual or firm including persons they employ) who has prepared plans and specifications will not be considered an acceptable bidder. Any firm or corporation in which such ENGINEER or ARCHITECT ' (including persons they employ) is an officer, employee, or hods or controls a substantial interest will not be considered an acceptable 1 bidder. Contracts or purchases by the CONTRACTOR shall not be awarded or made to a supplier or manufacturer if the ENGINEER or ARCHITECT (firm or individual) who prepared the plans and P.- .. FmHA Instruction 1942-A Guide 18 Page 4 5. 6. specifications has a corporate or financial affiliation with the supplier or manufacturer. Bids will not be awarded to firms or corporations which are owned or controlled wholly or in part by a member of the governing body of the OWNER or to an individual who is such a member. 4.2 The OWNER'S officers, employees, or agents shall not engage in the award or administration of this CONTRACT if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (a) the employee, officer or agent; (b) any member of their immediate family; (c) their partner or (d) an organization which employs, or is about to employ, any of the above has financial or interest in the CONTRACTOR. The OWNER'S officers, employees, or agents shall neither solicit nor accept gratuities, favors-or anything of monetary value from the CONTRACTOR or SUBCONTRACTOR. 5.1 In order to protect the lives and health of its employees under the CONTRACT, the CONTRACTOR shall comply with all pertinent provisions of the Occupational Safety and Health Administration (OSHA) and any State Safety and Health agency requirements. 5.2 The CONTRACTOR alone shall be responsible for the safety, efficiency, and adequacy of its plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. GE ATUITIES 6.1 If the OWNER finds after a notice and hearing that the CONTRACTOR, or any of the CONTRACTOR'S agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the OWNER, the State, or RECD officials in-an attempt to secure this CONTRACT or favorable treatment in awarding, amending, or maldng any determination related to the performance of this CONTRACT, the OWNER may, by written notice to the CONTRACTOR, terminate this CONTRACT. The OWNER may also pursue other rights and remedies that the law or this CONTRACT provides. However, the existence of u I 1942-A FmHA Instruction . . Guide 18 Page 5 the facts on which the OWNER bases such findings shall be an issue e of this l di h R d aus es c eme er t e and may be reviewed in proceedings un CONTRACT. 6.2 In the event this CONTRACT is terminated as provided in paragraph 6.1 the OWNER may pursue the same remedies against the ' CONTRACTOR as it could pursue in the event of a breach of the CONTRACT by the CONTRACTOR. As a penalty, in addition to any other damages to which it may be entitled by law, the OWNER may ' pursue exemplary damages in an amount (as determined by the OWNER) which shall be not less than three nor more than ten times the costs the CONTRACTOR incurs in providing any such gratuities to ' any such officer or employee. ' 7. AUDIT AND ACCESS TO RECORDS For all negotiated contracts (except those of $10,000 or less), the RECD, the Comptroller General, the OWNER or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR, which are ' pertinent to the CONTRACT, for the purpose of making audits, examinations, excerpts and transcriptions. The CONTRACTOR shall maintain all required records for three years after final payment is made and all other pending matters are closed. 8. SMAI T MINORITY AND WOMEN'S BUSINESSES ' If the CONTRACTOR intends to let any subcontracts for a portion of the work, the CONTRACTOR shall take affirmative steps to assure ' that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction and services. i Affirmative steps shall consist of (1) including qualified small minority, and women's businesses on solicitation lists; (2) assuring that small, minority and women's businesses are solicited whenever they are potential sources; (3) dividing total requirements when economically feasible, into small tasks or quantities businesses; (4) establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority and women's businesses; (5) using the services and assistance of the Small Business ii 1 FmHA Instruction 1942-A Guide 18 ' Page 6 Administration, and the Minority Business Development Agency of the ' U.S. Department of Commerce; (6) requiring each party to a subcontract to take the affirmative steps of this section; and (7) CONTRACTORS ' are encouraged to procure goods and services from labor surplus area firms. K 9. ANTI-KICKBAC The CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This act provides that each CONTRACTOR shall be , prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. The ' OWNER shall report all suspected of reported violations to RECD. 10. VIOLATING FACILITIES. Where this CONTRACT exceeds $100,000 the CONTRACTOR shall comply with all applicable standards, orders or requirements issued , under section 306 of the Clean Air Act (42 U.S.C. 1857(h) ), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations 40 CFR Part 15, which , prohibit the awarding of non-exempt federal contracts, grants, or loans to facilities included on EPA's list of violating facilities. The CONTRACTOR will report violations to the EPA. ' 11. STATE ENERGY. POLICY The CONTRACTOR shall comply with the Energy Policy and Conservation Act (P.L. 94-163). Mandatory standards and policies , relating to energy efficiency, contained in the State Energy Conservation Plan, shall be utilized. 12. EQUAL OPPORTUNITY REQUIREMENTS For all contracts in excess of $10,000, the CONTRACTOR shall comply with Executive Order 11246, entitled "Equal Employment FmHA Instruction 1942-A Guide 18 ' Page 7 Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 12.1 If the CONTRACT exceeds $10,000, the CONTRACTOR will execute Form FmHA 400-6, "Compliance Statement." ' 12.2 The CONTRACTOR'S compliance with Executive Order 11246 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required-by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the CONTRACT ' is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the CONTRACT, and in each trade, and the CONTRACTOR shall make a ' good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the CONTRACT, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 12.3 The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within . 10 working days of award of any construction subcontract in excess of ' $10,000 at any tier for construction work under the CONTRACT resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of subcontract; estimated starting and completion dates of the subcontract; and the ' geographical area in which the CONTRACT is to be performed. 12.4 Reference FmHA 1942-A General. Conditions paragraph 8. Substitutions and 8.1. DELETE BOTH IN THEIR ENTIRETY. FmHA Instruction 1942-A Guide 18 Page 8 13. CERTIFICATE OF 01"M 'S ATTORNEY I, the undersigned, , the duly authorized and acting legal representative of do hereby certify as follows: I have examined the attached contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements are adequate and . have(has) been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named.thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions, and provisions thereof. (signed) Date: NOTE: Delete phrase "performance and payment bonds" when not applicable. 14. FmI A Concurrence NC Instruction 1942-A.1 5/24/95 Guide 9 Page 1 RURAL ECONOMIC AND COMMUNITY DEVELOPMENT NORTH CAROLINA - SUPPLEMENTAL GENERAL CONDITIONS ' I. PROJECT SIGNS: All projects financed wholly or in part by Rural Economic and Community Development (RECD) shall have signs erected at prominent locations within the project. These signs shall be constructed and erected in general conformance with the following requirements: ' • The General Contractor, or such other Contractor as the Engineer may designate shall, on or before the day construction begins and through coordination with the Owner, erect signs at the following locations within the project ' area: 1. One at the beginning of the project along major entry ' routes into the project area. (Note: A maximum of two project signs at this type location shall be required on any one contract. Contractors awarded multiple contracts, however may have to furnish more than two ' signs for the project.) 2. One at the entrance to water or wastewater treatment plants where work is performed. ' 3. One at community facility projects. NOTE: A maximum of three project signs shall be required on any one contract (i.e. - contract involving both line ' work and plant work). RECD must concur in placement of less than the-maximum number of signs noted above, however contracts which provide only for the supoly of materials or ' services not involving construction will not be required to place any project signs. ' The signs shall be constructed of 3/4 inch exterior grade plywood, painted with green letters on white background and maintained in good condition until completion of the project. The outside dimensions of the sign shall be 4' in height x 8' in length, and it shall be supported by, and bolted to, two 4" x 4" treated wood posts with the bottom of the sign level and at a point about 4' above ground level. Additional details on the project sign are included on the attached sketch. ' The information on the sign should include as a minimum that shown on the attached example. The project sign(s) must be complete and erected prior to submission of the first progress payment estimate unless written exception is t Instruction 1942-A.1 5/24/95 ' Guide 9 Page 2 granted by the owner and Rural Economic and Community Development. If other Federal Agencies have also participated in the ' financing of the project, a suitable statement to that effect should also be included on the sign. The exact wording related to that information is subject to prior clearance of the other Agency. The Contractor shall include , the cost of signs in the total price bid for the project. II. PLAQUES ON TREATMENT PLANTS AND COMMUNITY FACILITY STRUCTURES: , Modest plaques may be placed on the above structures showing the names of the Owner's officials, Engineer, and Contractor. These plaques should also state that the project was financed by Rural Economic and , Community Development, USDA and should also include the name of any other agency providing financing. The exact wording on the plaque shall be subject to prior clearance of all agencies whose names appear I on the plaque. III. NCDA/USDA PLANT PROTECTION QUARANTINE: Due to possible plant and insect quarantines, the successful bidder will be required to contact the local Plant Protection Office of the North Carolina Department of Agriculture to determine if any part of this project or any area of his operations in connection therewith is within a quarantine area. If so, the contractor shall thoroughly clean and wash all equipment that moves out of the quarantine area at any time during or after construction of the project; and shall comply ' strictly with any other restrictions or regulations as required by the N. C. Department of Agriculture and/or the U. S. Department of Agriculture. ' The following agency should be contacted for questions related to plant/insect quarantines or quarantined areas: , N. C. Dept. of Agriculture Plant and Industry Division, Plant Protection Section 216 W. Jones Street ' Raleigh, N. C. 27603 Telephone: (919) 733-6932 IV. REQUIRED DOCUMENTS: On all projects being financed wholly with RECD funds, the following forms must be attached to RECD Instruction 1942-A, Guides 17 or 18 and 19: Form 400-6 - Compliance Statement. , Form 1924-7 - Contract Change Order Form 1924-18 - Partial Pay Estimate NC Instruction 1942-A.1 5/24/95 Guide 9 Page 3 Form AD 767 - Equal Employment Opportunity Contract Compliance Notices. Form 1940-Q Exh. A-1 (modified) - Lobbying Certification. N. C. 1942-A.1 Guide 6 - Performance Bond (Delete performance bond form in Guide 18). ' N. C. 1942-A.1 Guide 7 - Payment Bond (Delete payment bond form in Guide 18). N. C. 1942-A.1 Guide 9 - Supplemental General Conditions. ' Form NSPE-ACEC 1910-8-D Certificate of Substantial Completion. *Form 1924-9 - Certificate of Contractor's Release. *Form 1924-10 - Release by Claimants. ** FMHA 1901-D Exh. A - Labor Standards Provisions ' ** Minimum wage rates for industry and trade * These two forms must be used with contracts not requiring payment and performance bonds. They are optional otherwise. ** These documents required only on projects where Davis-Bacon Act is ' in effect. Applicable wage rates will be furnished by the RECD state office as needed. n t t w a W w A z ? W O? U za ¢E- 0 LTJ ON w3 a? ¢ a¢ ?a a W 03 z O EU CA4 H coo O U ? a w z ? w z ? F Q p O P., F- a . H t U > W a H ¢ zw A E ?z A ca w G c a a? ? Aa - ? ,c a z •v ? a ? `" 0 a U A > o a °z q Z O OU E-i ? ¢ a ? O ,-? W U W A ? Z Q U w z z ? o ¢ H z ¢`az °_ cpn" O W U a A z¢.? °0H zaw Z V W U ?? _ Qz? H ® G, Up 0 a FA V O A x 04 ti p W W 0. 0 A 30¢ P4 aH -< aUU aZ z 0-4 w ?Ua ? 94 Aga p wok U w w CZ Z C) a ¢ W FO a? W? UWj w A Q W N ? am z0 o >? wwa00 Q C) 00 M av?W ? En ¢?wAEW- Wwp?? zzzz? <W4 r.?w0 0 C) x z a 0 E. > az0W.a 0 ^?Z¢Z W M¢<a'H ooH?Q? X ? ? ? p Z z W a ? O x a N z C7 z? z¢ wz oo v?p.z L t Z 3 O O Y Q 1JJ Q co W U CL z 1 D J Q U F 1 1 1 W I O w U :I I H D w Z O Q O O w• a ¢ r Z a F- O Z w w ?- a? Q Q NZ J >- F J Z w ? . L ' ap CC n4 Oj of w a i , O p WY N W J i Q Q W !•" . CC LL. z O co O F Z ~ Q I OQ Q Q W w W N ! Nz F- ~ o to U? w } O O Q r z J O w c O 1 I Q F w w J Q O Q' w [r Q O ¢ to Q N O :. H w a I 7 Y W cr c w N i Q O O I=- ?- I Z Q I 1c Fw- O d aOw Ua H w F. Z O w Q w O f J 1 Cl. ?n •? O U t w Y O V U Z O 0 O W cc . 3 a ti Z O I } w w vi h tr ~ Z m w o j v w Jw d a 0-1 wQ 2> N U N CL ? to J J Q U_ Z a Y O N F- Z a J N J !r a Q L) U) ¢ F- O w O N w w m a a 00 -r CI ?> FORM APPROVEO OMH NO. 0575-004. USDA-FmHA Form FmHA 1924-18 (Rev, 2/87) PARTIAL PAYMENT ESTIMATE OWNER No. CONTRACT NO. PAGE OF CONTRACTOR: PERIOD OF ESTIMATE FROM TO CONTRACT CHANGE ORDER SUMMARY ESTIMATE FmHA Approval Amount Date Additions Deductions 1 • Original Contract ............. 2. Change Orders ............. . 3. Revised Contract 0 + 2) ........ 4. Work Completed • ............ 5. Stored Materials • ............. 6. Subtotal (4 + 5) ............... 7. Retainage • ............... . 8. Previous Payments ............ TOTALS 9. Amount Due (6-7-8) ........... NET CHANGE ` Detailed breakdown attached CONTRACT TIME Original (days) Revised On Schedule Remaining CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein is now due. Contractor By Date APPROVED BY OWNER: Owner ? Yes I Starting Date ? No Projected Completion ARCHITECT OR ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been carefully inspected and to the best of their knowledge and belief, the quantities shown in this estimate are correct and, the work has been performed in accordance with the contract documents. Architect or Engineer By Date ACCEPTED BY FmHA: The review and acceptance of this estimate by FmHA does not attest to the correctness of the quantities shown or that the work has been performed in accordance with the contract documents. By By Date Date FmHA 1924-18 (Rev. 2/87 USDA-FmHA OMB NOPOS 75-0042 Form FmHA 1924-7 ORDER NO. (Rev. 2/87) CONTRACT CHANGE ORDER DATE STATE CONTRACT FOR COUNTY OWNER To ....................... _....................................................................... ................. ......................... --.... __.... __.... _...... -...... _............... _.._........ --- (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price t ....................... _..... ....... _--- --- TOTALS S ...._....__ - -•- - - ----- - -...- - ___-- ' NET CHANGE IN CONTRACT PRICE S ..._ ...................._......-... -------...--..-.------._..........._..-_-.-• JUSTIFICATION:. The amount of the Contract will be (Decreased) (Increased) By The Sum Of: Dollars (S ). The Contract Total Including this and previous Change Orders Will Be: Dollars (S ). The Contract Period Provided for Completion Will Be (Increased) (Decreased) (Unchanged): Days This document will become a supplement to the contract and all provisions will apply hereto. Requested (Owner) (Date) Recommended (Owner's Architect/ Engineer) (Date) Accepted (Contractor) (Date) Approved By FmHA ' (Name and Title) (Date) This information will be used as a record of any changes to the original construction contract. POSITION 6... FmHA 1924-7 (Rev. 2/87) w i CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER's Project No ..................... ENGINEER's Project No. * .................. t Project ...................................... CONTRACTOR ......................................................................... Contract For ......................... Contract Date ......................... This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To ................................... ........- ....... OWNER 1 1 And To ..................................... .......................... CONTRACTOR The Work to which this Certificate applies'has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A tentative list of items to be completed or corrected is attached hereto. This Ilst may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. NSPE•ACEC 1910-8-D (1978 Edition) A 1978. National So.itty ur Prokttiottd 6ft"ett ' •? i The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as follows: r The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES : OWNER: - - r CON i TRACTOR: The following documents are attached to and made a part of this Certificate: r • r Executed by ENGINEER on ............. 119 ...... ENGINEER 1 r By ........................................ The CONTRACTOR accepts this Certificate of Substantial Completion of) ............ 19..... . . i ................ CONTRACTOR . ' By ......................................• .. 1 FmHA Instruction 1901-D Exhibit A Labor Standards Provisions, Title 29, Subtitle A, Part 5, Section 5.5, Contract provisions and related matters. The following provisions are to be attached to Farmers Home Administra- tion (FmHA) construction contract documents as required to comply with the Davis-Bacon Act. Any modification of these provisions to meet the particular needs of FmHA must first be approved by the Department of Labor. (1) Minimum wages. (i) All mechanics, and laborers employed or working upon the site of the work, or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the pro- ject, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made,a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage deter- mination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a) (1) (iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that class of laborers or mechanics which is not listed in the wage determination and-which is to be employed under the contract, shall be classified or reclassi- fied conformably to the wage determination, and a report of the action taken shall be sent by FnHA to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contrac- ting officer shall be referred to the Secretary for final determination. (5-12-76) PM 517 1 FmHA Instruction 1901-D Exhibit A (iii) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is-obligated to pay a cash equivalent of s..:h a fringe benefit, an hourly cash equivalent thereof to be establi::i>d. In the event the interested parties cannot agree upon a cash equi :•.ent of the fringe benefit, the question, accompanied by the recommena-i:ion of the contracting officer, shall be referred to the Secretary o:- Labor for determination. (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program,of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, The Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. FmHA may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construc- tion or development of the project, all or part of the wages required by the contract, FmHA may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such vio-lations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project. Such records will contain the name and address of each such employee, _2 ?I J t FmHA Instruction 1901-D Exhibit A his correct classification, rates of pay (including rates of contribu- tions or costs anticipated of the types described in section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described ' in section 1 (b) (2) (B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated ' in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. ` ' (ii) The contractor will submit weekly a copy of all payrolls to FmHA if the agency is a party to the contract, but if the agency is not such a party the contractor will submit the payrolls to the applicant, sponsor, or owner as the case may be, for transmission to FmHA. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct ' and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classi- fications set forth for each.laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" ' which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5 (a) (1) (iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. ' The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of FmHA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. (4) Apprentices. Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprentice- ship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of (5-12-76) PN 517 3 1 1. FmHA Instruction 1901-D Exhibit A apprenticeL to journeymen in any craft classification shall not be :eater ' than the ratio permitted to the contractor as to his entire work fc-:e under the registered program. Any employee listed on a payroll at .. apprentice wage rate, who is not registered as above, shall be pair :he wage rate determined by the Secretary of Labor for the classificat-I o: ' work he actually.performed. The contractor or subcontractor will -. required to furnish to the contracting officer written evidence o: :he registration of his program and apprentices as well as of the apc--apriate ' ratios and wage rates, for the area of construction prior to usi ., any apprentices on the --ontract work. (5) Compliance with Copeland Regulations (29 CFR Part 3). The , contractor shall comply with the Copeland Regulations CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. ' (6) Subcontracts. The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5 (a) (1) through (5) and (7) and such other clauses as FmHA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any ' lower tier subcontracts which they may enter into, tggether with a clause ` requiring this insertion in any further subcontracts that may in turn be made. .. (7) Contract termination; debarment. A breach of clauses (1) through (6) may be grounds or termination o the contract, and for debarment as ' provided in 29 CFR 5.6. I 4 General Decision Number NC950009 Superseded General Decision No. NC940009 State: North Carolina Construction Type: HEAVY County(ies): STATEWIDE SEWER AND WATER CONSTRUCTION PROJECTS AND HEAVY CONSTRUCTION PROJECTS (excluding Dam construction projects). Modification Number 0 Publication Date 02/10/1995 NC950009 1 02/10/1995 COUNTY(ies): STATEWIDE SUNC2001A 02/12/1990 Rates BOILERMAKERS: Storage Tank Erection/Repair 12.96 All Other Work: 16.20 BRICKLAYERS 7.23 CARPENTERS 6.63 CEMENT MASONS/FINISHERS 6.11 ELECTRICIANS -8.56 FENCE ERECTORS 4.64 IRONWORKERS 8.20 LABORERS: Unskilled 4.41 Air Drill Operator 5.92 Asphalt Rakers 4.93 Pipelayers 5.17 MANHOLE BUILDERS 5.81 MILLWRIGHTS. 5.27 , PAINTERS 7.12 PLUMBERS & PIPEFITTERS 7.42 POWER EQUIPMENT OPERATORS: Asphalt Distributor 5.77 Asphalt Finisher 5.69 Asphalt Paver 5.69 Asphalt Screed 5.69 Backhoe 6.40 Boring Machine 5.55 Bulldozer 5.96 Crane 7.60 Dragline 6.34 Drill 7.23 Loader 5.79 Mechanic 7.16 Motor Grader 6.24 Roller 4.98 Scraper, Pan 5.42 Tractor 5.49 Trenching 6.58 Well Drillers 6.50 TRUCK DRIVERS 4.67 TV & GROUTING TECHNICIANS 9.21. r Fringes 4.105 ' 4.105 1 -------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation ----------to which welding-is-incidental------------------------ Requests for additional classifications and wage rates may be submitted to the contracting officer after award, and maybe, •NC950009 - 2 02/10/1995 1 t approved only if: (1) the work to be performed by the classi- fication requested is not performed by a classification in the wage determination; (2) the classification is utilized in the area by the construction industry; and (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable ' relationship to the wage rates contained in the wage determina- tion (for the given area and type of construction). (See 29 CFR 5.5(a) (v)). ---------------------------------------------------------------- I th li n e sting above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ' END OF GENERAL DECISION L r NC950009 - 3 02/10/1995 t 1. The Contractor shall comply with all requirements. listed in the North Carolina Division of Environmental Management Stormwater Discharge NPDES Permit NCGO10000 and the following conditions: a. Abide by the approved Sedimentation and Erosion Control Plan, for this project and to keep a signed copy of the letter of approval of the plan on- site at all times. b. There shall be no discharge of any sanitary wastewater from this construction activity except under the provisions of another NPDES permit specifically issued therefore.` C. There shall be no chemicals added to the discharge. d. All wastes composed of building and construction materials will be disposed of in accordance with N.C. statutes and rules governing solid ' waste disposal. e. Maintenance activities for vehicles and heavy equipment shall be ' performed so as to not result in contamination of the surface or ground waters. ' 2. Service manuals shall be submitted for each major piece of equipment and as specifically noted otherwise. Two copies shall be submitted for review and approval. After receipt of approval, six copies of each manual shall be submitted. ' 3. In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from Work, arising out of and in the ' course of employment on Work under the contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. ' 4. CONSTRUCTION PROGRESS CONFERENCES Each Contractor, the Engineer and a Representative of the Owner shall attend monthly job site progress conferences as called by the Wastewater Treatment Plant Contractor. Each Contractor shall be represented at these job progress ' SP-1- 96461.11 /896 5. 6. conferences by an authoritative representative of the home office of the Contractor as well as by project personnel representatives. These meetings shall be open to subcontractors, material suppliers, and any others who can contribute beneficially toward maintaining required job progress and such personnel shall be encouraged by the respective Contractors to attend. It shall be the principal purpose of these meetings, or conferences, to effect coordination, cooperation, and assistance in every practical way toward the end of maintaining progress of the project on schedule and to complete the project within the specified contract time. Each Contractor shall be -prepared to assess progress of the work as required in his particular contract and to recommend remedial measures for correction of progress as may be appropriate. The Wastewater Treatment Plant Contractor shall be the coordinator of the conferences and shall preside as chairman and publish minutes of each conference and distribute copies to all attendees. The Wastewater Treatment Plant Contractor, at his expense shall make all necessary arrangements for, provide the facilities for, and give adequate notices of all construction progress conferences. OPERATION TESTS AND LUBRICATION OF EQUIPMENT Upon completion of the installation of items of equipment the Contractor shall thoroughly lubricate each item and shall run such tests on the equipment as necessary to determine that it will operate properly and perform the intended function, all in accordance with the drawings and specifications. Lubrication of the equipment shall conform strictly with manufacturer's written instructions except as they may be specifically modified by the direction of the Engineer. STORAGE SHEDS The Contractor shall provide storage sheds. for his use on the premises where directed or approved, such sheds shall be maintained in good condition, and shall be removed when directed. Storage sheds shall be substantial, watertight sheds in which he shall store all materials that might be damaged by the weather. All storage sheds shall have floors raised at least 6" above the ground on heavy joists, or sleepers. Lumber used for temporary sheds may be secondhand. Items too large to be placed in the storage sheds but which are subject to damage from the elements shall be placed on blocking and securely covered with waterproof covers satisfactory to the Engineer. 7. BUILDING RISKS The Contractor shall assume entire responsibility for all work, materials and equipment provided by him until final completion and acceptance of the project, and he shall be held responsible and liable for their safety, in the amount paid to him by Owner on account thereof. ' SP-2. t 96461.11 /896 , 17 1 8. SCAFFOLD, TOOLS, ETC. The Contractor shall provide all necessary platforms and scaffolds of ample strength, all hoisting machinery, all appliances and materials such as ladders, ' planks, ropes, wedges, centers, and other tools and materials, including the transportation thereof to and from the site, as required for proper handling, installation and/or erection of materials and equipment included in his work. ' 9. WATER SUPPLY The Collection System Contractor shall provide fresh water as required by him for construction and sanitary purposes. Water for testing the watertightness of ' structures, operation of equipment or similar testing shall be provided by the Contractor and subject to the following requirements. 1 Water for testing purposes may be obtained from nearby streams or other sources, coordinated with the Owner and Engineer and regulatory authorities. 1 The Contractor at his expense shall provide all temporary piping, pumping units, etc, necessary for securing, transporting, and disposing of the testing water. ' 10. GUARANTEE RETAINAGE The Owner will withhold from final payment to the Contractor an amount equal to 1% of the Contract amount or $1,000 whichever is greater until the end of the specified guarantee period. Repairs or changes required in connection with the guaranteed work which are not performed by the Contractor within 30 days from 1 receipt of notice from the Owner will be performed by the Owner and the cost of such repairs or changes will be deducted from the retained amount. The balance of the retainage will be paid to the Contractor at the end of the specified guarantee period. I_ END OF SECTION SP-3 96461.11 /896 1 ' SECTION 02110 CLEARING AND GRUBBING 1. DESCRIPTION: 1.1 The clearing work covered by this section consists of cutting, removing and properly disposing of vegetation and debris. Trees specifically identified on the plans to be preserved shall be adequately delineated and flagged by the Contractor, such that ' the balance of the work may be performed in a safe and harmless manner in the vicinity of preserved trees. Such tree preservation will be considered part of the work and shall be in conformance with applicable local codes and regulations. 1.2 The grubbing work covered by this section consists of removing and properly disposing of all surface vegetation and debris. Where the material being removed is high in organic matter content, such as root mat and other vegetative matter, it shall be considered vegetation and removed as part of the work of grubbing. Where material 1 being removed consists predominantly of soils, such removal will be considered part of the work covered by Section 02210 of these specifications, entitled Unclassified Excavation and Grading. 1.3 The work of clearing and grubbing shall also include the removal and satisfactory disposal of crops, weeds and other annual growth; the removal and satisfactory ' disposal of fences, steps, walls, chimneys, column footings, other footings, foundation slabs, basements, other foundation components, signs, junked vehicles, and other rubble and debris; and the filling of holes and depressions. This work shall also be ' performed in all non-wooded areas within the construction limits, shown on the project plans upon which seeding and mulching, sprigging or sodding is to be performed. As `a part of the work of clearing and grubbing, the Contractor will be required to perform the following: 1.3.1 Cut off and plug at the right of way or construction limits, as directed by the Engineer, any private water or sewer line intercepted during the construction of the project. 1.3.2 Cut off and remove from the construction area any septic tank or portion thereof ' during the construction of the project. 1.4 Clearing and grubbing operations shall be completed sufficiently in advance of grading operations as may be necessary to prevent any of the debris from the clearing and grubbing operations from interfering with the excavation or embankment operations. 02110-1 96461.11/996 '1 1.5 The Contractor shall obtain, at his own expense, all necessary permits pertaining to clearing and grubbing work not already secured by the Engineer. The Contractor shall then provide a copy of any and all required permits to the Engineer. 2.' MATERIALS: 2.1 Topsoil shall be considered to mean original surface soil, typical of the area, which is capable of supporting native plant growth, and shall be free of large stones, roots, brush, waste construction debris and other undesirable material. 3. INSTALLATION: 3.1 Clearing and grubbing shall be performed in areas as called for on the plans, the limits of which shall coincide with the construction limits and in general shall extend 5 feet beyond top of cut or toe of fill, not to exceed the limits of the Owner's property. Clearing and grubbing activities shall conform to Section 200 of the "Standard Specifications for Roads and Structures" dated January 1, 1990, published by the North Carolina Department of Transportation, except that grubbing shall be performed on all cleared excavation and embankment areas and shall include the complete removal of all stumps, roots and embedded debris. 3.2 The Contractor shall perform all clearing and grubbing operations before construction operations begin. 3.2.1 Where adjacent areas within the site but outside the limits of construction are disturbed as a result of clearing and grubbing activities, the Contractor shall remove all debris and restore to the original grades and equal or better condition. 3.2.2 The Contractor shall exercise caution to protect and maintain all existing utilities and underground works which are to remain. Any existing utilities or underground works which are to remain that are disturbed during construction shall be repaired or replaced at the Contractor's expense. 3.2.3 The Contractor must comply with all local, state and federal laws, ordinances and regulations in the removal and disposal of clearing and grubbing of alt_; vegetation, timber, waste and all surface debris that must be hauled from the Project Site. No burning of materials will be allowed on site. The Contractor shall properly dispose of all cleared materials at his expense, in conformance with all applicable local and state laws and ordinances with the exception of any materials to be reused or recycled as directed elsewhere in this contract. t 02110-2 96461.11/996 1 11 1 ' 3.3 Stripping and storage of topsoil: All topsoil suitable for reuse, in the opinion of the Engineer, shall be stripped to its full depth, all topsoil to be moved shall be free of large stone, roots, brush, waste construction materials and other undesirable matter. 3.3.1 Topsoil stripping shall be accomplished from all topsoiled areas to be disturbed. 3.3.2 Existing lawn sods may be left to decompose with the topsoil. Heavier stands of weeds and grasses shall be removed as directed by the Engineer prior to the stripping operations. ' 3.3.3 The topsoil shall be kept separate from other excavated materials and stored in stockpiles, the location of which shall be as directed by the Engineer. Topsoil shall be stockpiled so that it shall not be subject to abnormal erosion and loss, and so that it 1 does not impede the flow of drainage runoff. The directed locations of topsoil stockpiles will, when construction sequence permits, be located in areas that have previously been graded to design rough grade. 3.3.4 Any excess topsoil shall be hauled off the Owner's property by the Contractor at his expense. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: ' 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. ' END OF SECTION 11 ' 02110-3 96461.11/996 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 02222 EXCAVATING BACKFILLING A COMPACTING FOR UTILITIES 1. DESCRIPTION: The Contractor shall furnish all labor, material, equipment, and supplies, and shall perform all earthwork including excavation and backfill, pavement removal, sheathing, bracing, shoring, pumping or bailing, dewatering, restoration and cleanup; all as indicated, specified and/or necessary to complete the work. 1.1 Any reference to NCDOT standard specifications was obtained from "Standard Specifications for Roads and Surfaces" published by the North Carolina Department of Transportation. Unless otherwise noted, the most current date published applies. 1.2 Related Work: Reference the following specifications for related work: 02270 Erosion and Sediment Control 02575 Pavement Repair and Resurfacing 02933 Seeding and Mulching 2. MATERIALS: 2.1 Fill Material: Shall be classified as ML-low plasticity silt or better by the Unified Soil Classification System and tabulated below: Unified Class Description Class I 1/4" - 1-1/2" well graded stone including coral, slag, cinders, crushed stone and crushed shells Class II GM Coarse gravel well graded GP Coarse gravel poorly graded SW Coarse sands well graded SP Coarse sands poorly graded Class III GM Silty-sandy gravel GC Clayey-sandy gravel SM Silty-sands SC Clayey-sands I Class IV ML Inorganic silts and fine sands 02222-1 96461.11/996 Fill material shall exhibit a plasticity index of less than 20, and Standard Proctor r maximum density at optimum moisture greater than 90 pounds per cubic foot. 2.1.1 The following materials are unacceptable: Unified Class Description Class IV CL Inorganic clays - low plasticity MH Inorganic elastic silts , CH Inorganic clays - high plasticity Class V OL Organic silts ' OH Organic clays PT Highly organic soil 2.2 Washed Stone: Stone material where indicated shall be crushed stone or gravel of strong, durable nature and shall conform to standard size No. 57 per NCDOT Section 1000. 2.3 Class C Concrete: Minimum 28-day compressive strength of 2000 psi. 3. CONSTRUCTION: 3.1 Existing Facilities: 3.1.1 Existing Utilities Shown on the Drawings: It shall be the Contractor's responsibility to conduct the work in such a manner as to avoid damage to or, interference with any utilities services shown on the drawings. If such damage, interference, or interruption of service shall occur as a result of his work, then it shall be. the Contractor's responsibility to promptly notify the Engineer of the occurrence and to repair or correct it immediately, at his own expense, and to the satisfaction of the ' Engineer and the Owner of the Utility. 3.1.2 Existing Utilities Not Shown on the Drawings: It shall be the Contractor's , responsibility to exercise all reasonable precaution in the performance. of the work to avoid damage to or interference with any utilities services, even though not shown on ' the drawings. If such damage, interference, or interruption of service shall occur as the`: result of this work, then the Contractor's responsibility will be the same as stipulated in Paragraph 3.1.1 above. 3.2 Excavation and Backfill - General Requirements: 3.2.1 Pavement gutters sidewalks aprons and curbs which will be disturbed by excavation shall be removed and disposed of as a part of ordinary excavation. That 02222-2 96461.11/996 L?_ ' which is to be removed shall be cut or sawn along clean straight lines from that which is to remain. Remove enough such that a minimum of twelve inches of undisturbed earth ' remain between the excavation and that which is to remain. 3.2.2 Where required, and as approved by the Engineer, sheeting and bracing shall be ' used to prevent injury to persons, caving of trench walls and to conform with all governing laws and ordinances. Sheeting and bracing shall be left in place until the ' trench is refilled to a safe limit. The top portion may then be removed, but the lower portion shall remain undisturbed. ' 3.2.3 It is the responsibility of the Contractor to provide an adequate dewatering system where required. The system shall be capable of removing any water that accumulates in the excavation and maintaining the excavation in a dry condition while construction is in progress. The surface of the ground shall be sloped away from the excavation or piping provided to prevent surface water from entering the excavation. Disposal of water resulting from the dewatering operation shall be done in a manner ' that does not interfere with normal drainage, and does not cause damage to any portion of the work or adjacent property. All drains, culverts, storm sewers and inlets subject to the dewatering operation shall be kept clean and open for normal surface drainage. The dewatering system shall be maintained until backfilling is completed or as otherwise directed by the Engineer. All damage resulting from the dewatering' operation shall be repaired by the Contractor to the satisfaction of the Engineer and at ' no cost to the Owner. 3.2 The Contractor shall erect, maintain, and safeguard temporary bridges, walkways, or crossings where it is necessary to maintain traffic. Where trenches are open in the vicinity of pedestrian or vehicular travel lanes, suitable carriers will be constructed and maintained and the work will be further protected from sunset to sunrise with a sufficient number of lights or flares to fully protect the public from accidents on account of construction. it I L F 3.3 If the specified depth for foundations proves insufficient to reach firm ground, the Engineer shall be notified and will furnish instructions for proceeding with the work. 3.4 Rock, wherever used as a name for excavation material, shall mean boulders exceeding one-half cubic yard in volume or solid ledge rock, which in the opinion of the Engineer, requires for its removal drilling and blasting, or wedging or sledging and barring. Where rock excavation is necessary, the Contractor shall excavate the same as near the neat lines of the trench as practicable and he shall take all due precautions in the pursuance of the work. He will be held strictly responsible for all injury to life and to public and private property. 02222-3 96461.11/996 1 3.4.1 Rock shall be removed from the excavation to the following limits: a. Trenches - The diameter of the pipe plus 8-inches on each side, I extending six inches below the pipe. wall and bell. b. Structures - 12-inches beyond the vertical plane of the structure on all sides and on the bottom only to the depth necessary for proper installation. 3.5 Blasting: Prior to commencing any blasting operations the Contractor shall notify the Engineer and either the Local Fire Department - Fire Prevention Section or the County Fire Administrator (as applicable) and obtain blasting permits as required. The , Contractor must furnish proof (certification) of insurance specifically covering any and all obligations assumed pursuant to the use of explosives. All blasting operations shall be conducted in strict accordance with any and all decrees , rules, regulations, ordinances, laws as may be imposed by any regulatory body and/or agency having jurisdiction over the work relative to handling, transporting, use and ' storage of explosives. Blasting shall be done only by competent, and experienced men whose activities shall be conducted in a workmanlike manner. Satisfactory information , must be provided to the Engineer, that the blaster meets or exceeds the qualifications enumerated in OSHA Regulations Part 1926, Subpart U, Section 1926.901 - Blaster Qualifications. The Contractor shall protect all structures from the effects of the blast and repair any resulting damage. If the Contractor repeatedly uses excessive blasting charges or blasts in an unsafe or improper manner, the Engineer may direct the Contractor to employ an independent blasting consultant to supervise the preparation for each blast and approve the quantity of each charge. t 3.5.1 Overburden: Undisturbed overburden may be deemed adequate in lieu of matting but only after the actual depth of the undisturbed overburden has been , determined and adjudged sufficient by the Engineer. Under no circumstances will loose. or fill overburden be adequate without the use of weighted mats. 3.5.2 Permission to Blast: The Contractor shall not be allowed to blast before 9 a.m. or after 3 p.m. without approval of the Engineer and Owner. Blasting will not occur within , gmy rights-of-way maintained by any agency (D.O.T., R.R., Gas, Owner, etc.) without specific approval of the controlling agency and only in accordance with their respective requirements (as exceeded herein). , The Contractor shall be held responsible for any and all injury to persons or damage to public or private property. 3.5.3 The Contractor shall not use excavated rock as backfill material. Dispose of rock ' which is surplus or not suitable for use as rip-rap. 02222-4 96461.11/996 3.5.4 Monitoring: The Contractor shall notify the Engineer prior to any blasting. Additionally, the Contractor shall notify the Engineer before any charge is set. Following review by the Engineer regarding the proximity of permanent structures to the 1 blasting site, the Engineer may direct the Contractor to employ an independent, qualified specialty sub-contractor, approved by the Engineer, to monitor the blasting by use of seismograph, identify the areas where light charges must be used, conduct pre- blast and post-blast inspections of structures, including photographs or videos, and maintain a detailed written log. ' 4. STRUCTURE EXCAVATION AND BACKFILL: 4.1 Structure Excavation shall be made at the locations shown on the plans and to the t exact subgrade required. Bottom of excavations shall be level and in firm, solid material, with soft material or voids treated as specified. Excavated areas shall be kept free of water during the construction period. Where earth will stand, footing trenches may be cut to the exact size of the footings; otherwise, forms shall be used. Where necessary, sides of excavations shall be shored and sheathed, or cofferdams built, as required for protection of the work and personnel. 4.1.1 Wherever excavation for a foundation extends below the water table or where specifically indicated on the plans, washed stone shall be placed to a minimum ' thickness of 12 inches, unless otherwise shown, prior to placing the foundation. The washed stone shall be compacted to 90% of maximum as determined by the Standard Proctor test (ASTM D698). 4.1,.2 If the specified depth for foundations proves insufficient to reach firm ground, the Engineer shall be notified for furnishing instructions and proceeding with the work. 4.1.3 An adequate dewatering system shall be provided at all structure excavations ' and elsewhere as directed by the Engineer. If a well-point system is used, the Contractor shall submit plans to the Engineer for approval. The system shall be capable of removing any water that accumulates in the excavation and maintaining the ' excavation in a dry condition while construction is in progress. The surface of the ground shall be sloped away from the excavation or piping provided to prevent surface water from entering the excavation. Disposal of water resulting from the dewatering i operation shall be done in a manner that does not interfere with normal drainage, and does not cause damage to any portion of the work or adjacent property. All drains, culverts, storm sewers and inlets subject to the dewatering operation shall be kept clean and open for normal surface drainage. The dewatering system shall be maintained until backfilling is complete or as otherwise directed by the Engineer. All ' damage resulting from the dewatering operation shall be repaired by the Contractor to the satisfaction of the Engineer and at no cost to the Owner. ' 02222-5 96461.11/996 1 4.2 Structure Backfilf shall be done with material free from large clods, frozen earth, organic material or any foreign matter, and shall evenly and carefully be placed and ' tamped in horizontal layers. Compaction equipment specifically designed for these purposes must be present and operational at the job site and shall be utilized throughout to obtain uniform compaction. The degree of compaction and the density shall be determined by the Standard Proctor Test (ASTM D698), with compaction requirements as follows: Percent of Maximum Density at Optimum Moisture Location 98 Top 12 of fill pavement or surfacing. 95 Full depth beneath all roads - paved of , unpaved, driveways, sidewalks and undercut backfill for structure excavation. 90 All other areas not defined above. , 4.2.1 No backfill shall be placed against a structural wall until all connecting structural members are in place. It shall be the Contractor's responsibility to provide compaction to such a degree that subsidence after placing shall not be detrimental to the stability or , appearance of the structure, adjacent ground, or paved areas. The Contractor shall provide adequate protection to all structures during backfilling and shall use every pre- caution to avoid damaging or defacing them in any way. Contractor shall be ' responsible for the protection of all structures from damage or flotation prior to backfill being placed. 4.2.2 Unless otherwise approved by the Engineer, liquid-retaining structures shall not be backfilled until tested for leakage. 5. UNSTABLE SUBGRADE: 5.1 Should unstable soil, organic soil, or soil types classified as fine-grained soils (silts , and clays) by ASTM D-2487 be encountered in the bottom of pipe trenches or structure excavations, such soils shall be removed to a depth and width determined by the Engineer, properly disposed of and shall be backfilled with crushed stone conforming to the Department of Transportation Specifications, Size 57. Placement shall not exceed 12-inches loose and compacted to 90% of the dry density determined by the , Standard Proctor test ASTM D698 (Class C concrete may be substituted in place of #57 stone at the Contractor's option. A 24-hour cure must be given before proceeding with the work). , 02222-6 96461.11/996 6. SITE GRADING: Site grading shall conform to the grades indicated by the finish contours on the plans. Where topsoil, pavement, gravel or crushed stone surfacing and other items are shown, rough grade shall be finished to such depth below finish grade as necessary to accommodate these items. All areas where structures are to be built on fill shall be stripped to such depth as necessary to remove turf, roots, organic matter and other ' objectionable materials. 6.1 Excavation shall be made to the exact elevations, slopes and limits shown on the plans. 6.1.1 Material excavated may be used as fill material as long as it meets the material i requirements established herein. Acceptable material must be stockpiled neatly onsite and clear of all unsuitable materials to be removed from the site. ' 6.2 Fill: Shall incorporate only acceptable materials defined herein. It shall not contain organic material, roots, debris or rock larger than 6 inches in diameter. ' 6.2.1 Where fill is to be placed, all existing vegetation, roots and other organic matter. down to 12 inches below grade shall be stripped and disposed of as directed. 6.2.2 After clearing existing vegetation, at the Engineer's discretion, the site may require proof rolling to insure that all unstable material has been removed. Proof rolling ' shall be done in the Engineer's presence, utilizing a loaded dumptruck or similar pneumatic-tired vehicle with a minimum loaded weight of 25 tons. 1 6.2.3 Fill shall be placed in successive compacted layers not to exceed 6 inches compacted thickness. Each layer shall be spread evenly and compacted as specified below before the next layer is placed. 6:2.4 Rock shall not be incorporated in fill sections supporting pavement or structures. ' ;. ' 6.2.5 Where natural slopes exceed 3:1, horizontal benches shall be cut to receive fill material. Slopes of less than 3:1 and other areas shall be scarified prior to placing fill material. 6.2.6 Borrow material, as required, shall be provided by the Contractor at his own ' expense.' Borrow material on site may be utilized provided it complies with these specifications. 02222-7 96461.111996 6.3 Compaction: Unless otherwise noted, each layer of fill and backfill and the top 12 inches of existing subgrade material in cuts shall be compacted by approved equipment as specified below. The degree of compaction and the density shall be determined by the Standard Proctor Test (ASTM D698). Percent of Max. Dry Density at Optimum Moisture Content , Top 12 inches of fill under pavement or surface 98% Fill under roads and structures 95% Fill and backfill in other areas 90% Material too dry for proper compaction shall be moistened by suitable watering devices, , turned and harrowed to distribute moisture, and then properly compacted. When material is too wet for proper compaction, operations shall cease until such material has sufficiently dried. , 7. COMPACTION TESTS: I The Contractor shall provide compaction tests by an independent testing agency selected by the Contractor and approved by the Engineer. The compaction tests shall ' be taken at appropriate locations and frequency to demonstrate that the backfill (or fill) has been placed to meet the minimum compaction density required. The testing agency shall submit written test records to the Engineer for all compaction tests performed. Minimum testing shall be: -1 1 1. One test per 500 CY of material placed at the Engineer's option. , 2. One test per 10,000 square feet of fill placed for every foot of fill thickness. In the event that the soil compaction is not in compliance with these specifications, then the Contractor shall take corrective action, at no cost to the Owner, to compact the soils within the limits of the specifications. The Engineer shall be notified within 24 hours of any failing compaction tests. Any retesting of failed areas shall be performed only after corrective measures have been made by the Contractor to bring the compacted soils into compliance. All retesting shall be performed with the Engineer present. , 02222-8 %461.11i996 1 8. SITE RESTORATION: ' 8.1 General: All surfaces disturbed by the Contractor in the work shall be restored to a condition equal to or better than that which existed prior to commencement of the work, ' except as otherwise specified herein. 8.2 Pipe drains, headwalls, catch basins, curbs and gutters, and all incidental drainage ' structures shall be restored using like materials and details at no additional cost to the Owner. The Contractor shall maintain drainage during construction. ' 8.3 All cuts, fills and slopes shall be neatly dressed off to the required grade or subgrade, as indicated on the plans. ' 8.4 Grassed areas shall be restored at no additional cost to the Owner. Disturbed areas shall be covered with two (2) inches of topsoil, furnished by the Contractor from an approved source and of approved quality, then shall be fertilized, and seeded to match existing adjoining areas. All ditches shall be restored to their existing grade, line and cross section. 8.5 Paved surfaces shall be restored in accordance with the provisions of Section 02575. ' 9. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: Excavating, backfilling & compacting for utilities shall not be measured and paid for as such but shall be treated as incidental work except where otherwise noted. Where excavating, backfilling & compacting for utilities is treated as incidental, its cost shall be ' included in the prices bid for other parts of the work. 9.1 Rock will not be measured or paid for and is unclassified for the project. ' END OF SECTION 02222-9 96461.11/996 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 02270 EROSION AND SEDIMENT CONTROL 1 1. DESCRIPTION 1.1 Erosion and sedimentation control shall be provided by the Contractor for all areas of the site denuded or otherwise disturbed during construction. The Contractor shall be responsible for all installation, materials, labor, and maintenance of erosion and sediment control devices, as well as removal of temporary erosion and sediment control devices shown on the plans or required to protect all downstream properties, natural waterways, streams, lakes, ponds, catch basins, drainage ditches, roads, gutters, natural buffer zones, and man made structures. 1.2 Erosion and sediment control procedures and facilities shall conform to the "Erosion and Sediment Control Planning and Design Manual" as published by the North Carolina Sedimentation Control Commission, Sections 107 and 225 of the "Standard T Specifications for Roads and Structures" dated January 1, 1990, as published by the North Carolina Department of Transportation and to all applicable local codes or ordinances, whichever is more stringent. 1.3 Related Work: See the following sections for related work. ' 1. 02274 Plain Rip Rap 2. 02275 Stone for Erosion Control 3. 02933 Seeding and Mulching 4. 02277 Silt Fence 5. 02271 Engineering Fabrics 2. MATERIALS: ' 2.1 Washed stone to be used in temporary sediment basins shall be of strong, durable nature, resistant to weathering and shall be graded to conform to Standard Size Number 57 per Section 1000 of the "Standard Specifications for Road and Structures" ' dated January 1, 1990, as published by the North Carolina Department of Transportation. 2.2 Refer to other sections within these specifications as listed in Item 1.3 above for other material specification required in the installation of erosion and sediment control facilities. 02270-1 96461.111996 3. INSTALLATION: 3.1 General Requirements: 3.1.1 The Contractor shall follow the erosion control construction sequence schedule as shown on the contract drawings, except that should circumstances dictate that extra precaution be taken to prohibit erosion and sedimentation on the project, the Contractor will, at his own expense, take preventative measures as needed. 3.1.2 The Contractor is required to maintain all erosion and sediment control facilities to insure proper performance throughout the construction phase and until such time all disturbed areas are permanently stabilized. 3.1.3 Upon completion of construction or successful permanent stabilization of all areas which were disturbed before or during construction operations or as indicated on the construction drawings, whichever occurs last, the Contractor shall remove all temporary erosion and sediment control devices and facilities from the project site. The Contractor shall retain these items for future use or properly dispose of these items offsite. 3.1.4 The Contractor shall provide temporary or permanent ground cover as called for on the construction plans within thirty (30) working days after disturbance of any areas on the site. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. END OF SECTION , 02270-2 96461.11/996 ' SECTION 02271 ENGINEERING FABRICS 1. DESCRIPTION: The work covered by this Section consists of the installation of an acceptable engineering fabric (filter fabric) appropriate for the application(s) called for on the plans. Placement of the fabric shall be an integral function of the construction of shoulder drains, subsurface drainage systems, temporary silt fences and placement of erosion control ' stone or rip rap facilities. The Contractor shall furnish all equipment, tools, labor and materials necessary to complete the work in accordance with the plans and specifications. 1 2. MATERIALS: 2.1 Engineering fabric shall have material properties strictly conforming to those specified in Section 1056 of the "Standard Specifications for Roads and Structures" dated January 1, 1990, published by the North Carolina Department of Transportation. The Contractor shall provide engineering fabric(s) for various applications which meet or exceed the corresponding criteria for each different fabric utilized per the subject specification. 3. INSTALLATION: 3.1 General Requirements: ' 3.1.1 Engineering fabric installed under erosion control stone or rip rap shall be placed at locations, to the dimensions as shown on the plans or as directed by the Engineer. ' 3.1.2 Surfaces to receive filter fabric shall be graded to the lines and grades as shown on the plans, unless otherwise directed by the Engineer. The surface shall be free of obstructions, ' debris and pockets of soft or low density material. 3:1.3 At the time of installation, the fabric shall be free of defects, rips, holes, flaws, ' deterioration or damage incurred during manufacture, transportation or storage. 3.1.4 The filter fabric shall be laid smooth and free from tension, stress, folds, wrinkles, or ' creases. Horizontal overlaps shall be a minimum of 12 inches with the upper fabric overlapping the lower fabric. Vertical overlaps shall be a minimum of 18 inches with the upstream fabric ' overlapping the downstream fabric. In the event that the fabric is displaced or damaged during stone placement, the stone shall be removed and the fabric repositioned or replaced prior to replacement of the stone, all at no additional cost to the Owner. 3.1.5 The placement of the filter fabric and stone shall be performed in a continuous manner as directed by the Engineer. The filter fabric shall be protected from damage due to the t 02271-1 96461.11/996 placement of stone or other materials by limiting the height of drop of the material or by ' . placing a cushioning layer of sand on top of the fabric before dumping the material. 3.1.6 No more than 72 hours shall elapse from the time the fabric is unwrapped to the time the fabric is covered with stone or sand. 3.1.7 Filter fabric installed in association with shoulder drains or other subsurface drainage , systems shall be installed in such a manner that all splice joints are provided with a minimum overlap of 2 feet. The overlap of the closure at the top of the trench shall be at least 6 inches and secured with mechanical ties. Where outlet pipe passes through the fabric, a separate , piece of fabric shall be wrapped around the outlet pipe, flared against the side of the filled drain, and secured with anchor pins. ' 3.1.8 Field splices of filter fabric shall be anchored with anchor pins to insure that required overlap is maintained. 3.1.9 At the time of installation, the fabric will be rejected if it has defects, rips, holes, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. 3.1.10 Aggregate placement operations and the pipe installation shall be done so as to prevent damage to the filter fabric. Damaged sections of filter fabric shall be replaced at no ' cost to the Owner. 3.1.11 The aggregate shall be compacted to a degree acceptable to the Engineer by the use of a vibratory compactor before making the filter fabric closure at the top of the trench. 3.1.12 Filter fabric installed in association with temporary silt fences shall be a water , permeable filter type for the purpose of removing suspended particles from the water passing through it. Silt fences shall be constructed in accordance with Section 893 of the "Standard ' Specifications for Roads and Structures" dated January I, 1990, published by the" North Carolina Department of Transportation in the locations and to the configurations as shown in the plans and as directed by the Engineer. Should the requirements of local, regional or state authorities having jurisdiction over the project exceed the requirements' of this section or other sections in this specification regarding temporary silt fences, the more stringent shall govern. 02271-2 96461.11/996 ' t 3.2 Physical Properties of Engineering Fabrics: PHYSICAL PROPERTIES OF ENGINEERING FABRICS Physical Property Test Method (Article 1056-2) Type 1 Type 2 Type 3 Class A Class B Min. Roll Width - - - 36" 36" Min. Fabric Weight 1 4.0 oz/yd2 _- - Min. Tensile Strength 2 90 lb. 200 lb. 50 lb. 100 lb. Elongation 2 80% Max. 15% Min. 30% Max. 25% Max. Min. Burst Strength 3 150 psi 400 psi 100 psi 180 psi Min. Puncture Strength 4 45 lb. 80 lb. 30 lb. 60 lb. Apparent Opening Opening Size - Max/Min (U.S. Std. Sieve) 5 60/100 30/130 20/50 20/50 Min. Ultra-Violet Exposure Strength Retention 6 80 lb. 140 lb. 40 lb. 80 lb. Fungus Resistance 7 No Growth No Growth No Growth No Growth Min. Permeability (Thickness x Permitivity) 8 0.2 cm/sec. --- --- Min. Flow Rate 8 --- -? 10 gal/min/ft2 10 gal/min/ft2 Typical Application - Shoulder Drain Under Riprap Temporary Silt Fence ?. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. END OF SECTION 02271-3 96461.111996 THIS PAGE INTENTIONALLY LEFT BLANK 1 SECTION 02274 PLAIN RIP RAP 1. DESCRIPTION: The work covered by this section consists of the construction of plain rip rap at the locations designated on the plans or directed by the Engineer. The Contractor shall furnish all equipment, tools, labor and materials necessary to complete the work in accordance with the plans and specifications. 2. MATERIALS: 2.1 Plain rip rap shall conform to Sections 868 and 1042 of the "Standard Specifications for Roads and Structures" dated January 1, 1990, published by the North Carolina Department of Transportation. 2.2 Plain rip rap shall consist of quarry run stone or field stone and shall be classified by size into either Class 1 or Class 2. The class and thickness to be used shall be as called for on the plans. 2.3 Where broken concrete from demolished structures or pavement is available, it may be used in place of stone provided the Contractor obtains in advance, written authorization from the Engineer. Broken concrete containing reinforcing steel or wire mesh will not be permitted. 3. INSTALLATION: 3.1 Unless otherwise directed by the Engineer, the stone shall be placed on slopes less than the angle of repose of the material and to the line, grade and slope as indicated on the plans. The stone shall be graded so that the smaller stones are uniformly distributed throughout the mass. 3.2 At locations where rip rap is required for channel changes and drainage ditches, the rip rap shall be placed prior to diverting the water into the channel changes and drainage ditches. 3.3 At locations where rip rap is required at the outlets of pipe culverts, the rip rap shall be placed immediately after completion of the pipe culvert installation. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. END OF SECTION 02274-1 96464.11/996 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 02275 STONE FOR EROSION CONTROL t 1. DESCRIPTION: The work covered by this section consists of the furnishing, stockpiling if directed, placing and maintaining an approved stone liner placed in or at ditches, swales, pipe inlets, pipe outlets, and at other locations designated on the plans or directed by the Engineer. The Contractor shall furnish all equipment, tools, labor and materials necessary to complete the work in accordance with the plans and specifications. 2. MATERIALS: 2.1 Stone for erosion control shall conform to Sections 851, 895 and 1042 of the , Standard Specifications for Roads and Structures dated January 1, 1990, published by the North Carolina Department of Transportation. 2.2 Stone for erosion control shall be resistant to the action of air and water, be of a hard, durable nature and shall range in size as follows: class Size A 2'1-611 B 511-15" 2.3 All stone shall meet the approval of the Engineer. While no specific gradation is required, the various sizes of stone shall be equally distributed within the required size range. The size of an individual stone particle will be determined by measuring along its long dimension. 3. INSTALLATION: 3.1 Unless otherwise directed by the Engineer, the stone shall be placed on slopes less than the angle of repose of the material and to the line, grade and slope as indicated on the plans. The stone shall be placed so that the smaller stones are uniformly distributed throughout the mass. All stone shall be placed in a neat, uniform layer with an even surface meeting the approval of the Engineer. 3:2 At locations where stone is required for channel changes and drainage ditches, the stone shall be placed prior to diverting the water into the channel changes and drainage ditches. 3.3 At locations where stone is required at the outlet of pipe culverts, the stone shall be placed immediately after completion of the pipe culvert installation. 02275-1 96461.11/996 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. END OF SECTION 02275-2 96461.11/996 t 1 1 n i 1 1 1 t I 1 1 SECTION 02277 TEMPORARY SILT FENCE 1. DESCRIPTION: 1.1 The work covered by this Section consists of the furnishing, installing, maintaining, replacing as needed, and removing of temporary silt fence. The Contractor shall furnish all equipment, tools, labor and materials necessary to complete the work in accordance with the plans and specifications. All materials and procedures shall conform to Section 893 of the "Standard Specifications for Roads and Structures", dated January I, 1990, published by the North Carolina Department of Transportation, Section 6.62 of the "Erosion and Sediment Control Planning and Design Manual", published by the North Carolina Sediment Control Commission and all local codes and ordinances, whichever is more stringent. 2. MATERIALS: 2.1 General Requirements: 2.1.1 Temporary silt fence shall be a water permeable filter type fence for the purposes of removing suspended particles from the water passing through it. 2.2 Posts: 2.2.1 Either wood posts or steel posts may be used. Wood posts shall be a minimum of 6 feet long, at least 3 inches in diameter, and straight enough to provide a fence without noticeable misalignment. Steel posts shall be at least 5 feet in length, approximately 1-3/8 inches wide measured parallel to the fence, and have a minimum weight of 1.25 lb/ft of length. The post shall be equipped with an anchor plate having a minimum area of 14.0 square inches, and shall have a means of retaining wire and fabric in the desired position without displacement. 2.3 Woven LNire Fence: 2,.x.1 Wire fence fabric shall be at least 32 inches high, and shall have at least 6 horizontal wires Vertical wires shall be spaced 12 inches apart. The top and bottom wires shall be at least 10 gage. All other wires shall be at least 12-1/2 gage. 02277-1 96464.11/996 r 2.4 Silt Fence Filter Fabric: 2.4.1 Filter fabric shall meet the requirements of Type 3 Engineering Fabric, Class A or B, per Section 1056 of the "Standard Specifications for Roads and Structures" dated January 1, 1990, published by the North Carolina Department of Transportation. Silt fence which incorporates filter fabric meeting the requirements of Section 1056 but which fails to perform in an acceptable manner shall be replaced with silt fence which is capable of acceptable performance. Silt fence should also meet the requirements of the "Charlotte Mecklenburg Land Development Standards Manual" of latest revision. 2.5 Wire Staples: 2.5.1 Wire staples shall be a No. 9 staple and shall beat least 1 Y2 inches long. 3. Installation: 3.1 General Requirements: 3.1.1 The Contractor shall install temporary silt fence as shown on the plans. The silt fence shall be constructed at the locations shown on the plans and at all other locations necessary to prevent sediment transport, as directed by the Engineer. 3.1.2 Class A synthetic filter fabric may be used only in conjunction with woven wire fence fabric backing. Filter fabric shall be attached to the wire fence fabric by wire or other acceptable means. 3.1.3 Class B synthetic filter fabric may be used without the woven :,wire fence fabric backing, subject to the following conditions: 3.1.4 Post spacing is reduced to a maximum of 6 feet. a 3.1.5 The proposed fabric has been approved by the Engineer as being suitable for use without the woven wire fence fabric backing. 3.1.6 Fence posts shall be inclined toward the runoff source at an angle of not more, than 200 from vertical. 3.1.7 Posts shall be installed so that no more than 3 feet of the post shall protrude above the ground. Where possible, the filter fabric from a continuous roll cut to the 02277-2 96464.11/996 1 length of the barrier shall be used to avoid joints. When joints are necessary, securely fasten the filter cloth only at a support post with overlap to the next post. At the time of installation, the fabric will be rejected if it has defects, rips, holes, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. 3.2 Maintenance and Removal 3.2.1 The Contractor shall inspect temporary silt fences at least once a week and after each rainfall and shall make any required repairs and remove and dispose of silt accumulation immediately. Should the fabric of the silt fence collapse, tear, decompose or become ineffective, the Contractor will replace it promptly at his own expense. The Contractor shall remove sediment deposits as necessary to provide adequate storage volume for the next rain and to reduce pressure on the fence. 3.2.2 The Contractor shall remove all temporary silt fence and associated appurtenances once all disturbed areas upland of the fence are properly and satisfactorily stabilized as called for on the plans. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMEN 4.1.. All work covered by this Section shall not be measured but shall be paid for ,under the Unit Prices for related work. r END OF SECTION [l 02277-3 96464.11/996 THIS PAGE INTENTIONALLY LEFT BLANK I SECTION 02512 GRAVEL SURFACE ACCESS ROADS AND PARKING AREAS 1. DESCRIPTION: This section covers surfacing for access roads and parking areas, as shown on the plans and as specified herein. Any NCDOT section referenced is obtained from the "Standard Specification for Roads and Structures" published by the North Carolina Department of Transportation. Unless noted, the most current dated published applies. 1.1 Related Work: See the following sections for related specifications: 02222 Excavating, Backfilling & Compacting for Utilities 2. MATERIALS: 2.1 Aggregate Base Course Surfacing: Shall be in accordance with NCDOT Section 1010, Type B. Aggregate base course material shall consist of crushed stone, crushed or uncrushed gravel or other similar material displaying hard, strong durable particles free from adherent coatings. The fraction passing the No. 200 sieve shall not exceed 11% and all aggregate shall be from approved sources in accordance with NCDOT Section 1005. t 3. CONSTRUCTION: Roads, drives,and parking areas shall be graded to subgrade, and fills shall be compacted as specified in Section 02222. Roads, drives and parking areas shall be finished by fine grading to the required grades and sections, and by recompacting the subgrade with heavy rollers. 3.1 Drainage Ditches: Shall be properly installed at the locations shown on the plans. 3.2 Base Course Surfacing: Shall be placed to the thicknesses shown on the plans and compacted to 95% of maximum density as determined by AASHTO T-99. Construction of the aggregate base course shall not begin until the subgrade preparation has been completed in accordance with Section 02222. 3.2.1 The aggregate material shall be placed on the subgrade with a mechanical spreader capable of placing the material to a uniform loose depth and without segregation, except those areas inaccessible to a mechanical spreader. The aggregate material may be placed by other methods, but only with prior approval of the Engineer. Where the required compacted thickness is 8-inches or less, the aggregate material may be spread and compacted in one layer. 1 02512-1 96464.11/996 L 3.2.2 The base material shall be compacted at a moisture content which is approximately required to produce maximum density indicated by AASHTO T-99. The Contractor shall dry or add moisture to the material when required to provide a uniformly compacted and acceptable surface. 3.2.3 The final surface shall be smooth, hard, dense and well bonded and shall be sloped to conform to the lines and grades shown on the plans or established by the Engineer. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 4.1 All work covered by this Section shall not be measured but shall be paid for under the Unit Prices for related work. END OF SECTION 02512-2 96464.11/996 SECTION 02575 PAVING REPAIR AND RESURFACING 1. DESCRIPTION: This section covers cutting and replacing pavement for the installation of utilities as shown on the plans and as specified herein. Any NCDOT section referenced is obtained from the "Standard Specifications for Roads and Structures" published by the North Carolina Department of Transportation. Unless noted, the most current date published applies. 1.1 Related Work: See the following sections for related specifications: 02222 Excavating, Backfilling & Compacting for Utilities. 2. MATERIALS: 2.1 Aaareaate Base Course: Shall be in accordance with the NCDOT Section 1010, Type B. Aggregate base course material shall consist of crushed stone, crushed or uncrushed gravel, or other similar material displaying hard, strong durable particles free from adherent coatings. All aggregate shall be from approved sources in accordance to NCDOT Section 1005. 2.2 Bituminous Prime Coat: Cut-back asphalt used as prime coat shall conform to NCDOT Section 600. 2.3 Bituminous Base Course. Type HB: Shall conform to NCDOT Section 630, Articles 1 through 4'. 2.4 Bituminous Tack Coat: Shall conform to NCDOT Section 605, Articles 1 through 9. 2.5 Bituminous Surface Course. jype 1-2: Shall conform to NCDOT Section 645, Articles 1 through 4. f 2.6 Portland Cement Concrete: Shall be composed of portland cement, coarse aggregate, fine aggregate and air entraining agent. Other admixtures may be added with the En'gineer's approval. All concrete shall develop a minimum of 3500 psi compressive strength at 28 days. The concrete shall be air entrained to provide an air content of 4.5 percent plus or minus 1.5 percent. 02575-1 96464.11/996 r,1 3. CONSTRUCTION: 3.1 Pavement Cutting: Where the existing pavement is to be cut for installation of pipe or other utilities, the contractor shall cut the pavement neatly in advance of trenching. All pavement shall be cut to a straight edge with the method of cutting subject to approval of the Engineer. Pavement shall be cut 12 inches wider on each side of the excavated area. Ragged or irregular edges will be redone. Concrete pavement shall be cut with a suitable concrete saw cutting equipment. 3.2 Trench Backfilling: Shall be in accordance to plans or as specified elsewhere herein. 3.3 Aggregate Base r : Shall be placed and compacted in accordance with NCDOT Section 520, Article 8. The base course shall be placed at the same time the trench is backfilled. 3.3.1 If the base course is designed to be used as a temporary travel surface, the additional thickness shall be placed, compacted and maintained until the permanent surface is placed. When preparing the base course for the final surface course, the base course material shall be undercut to the thickness to accommodate the surface course(s) and removed from the site, unless otherwise directed by the Engineer. The , final thickness of the base shall be within a tolerance of plus or minus 1/2 inch of the base thickness required on the plans. 3.3.2 Backfilling with soil above an elevation to accommodate the final base thickness, to be cut-out and replaced with base material at a later date, will not be allowed. 3.4 Prime Coat: Shall be applied to non-bituminous base` course beneath bituminous plant mixed pavements unless otherwise shown in the pt"an . ' The prime coat shall be applied only when the surface to be treated is dry and the atmosphere temperature in the shade is 40' F or above. Prime coat shall not be applied when the weather is foggy or rainy. The base shall be clear of debris, dirt, clay or other j deleterious material prior to placing the prime coat. 3.4.1 Application of the prime coat consisting of asphalt grade MC-30 orgrade RC-30 shall be applied at a rate of 0.18 to 0.45 gallons per square yard-at: an application ; temperature range of 900 F to 130° F. . 3.5 Bituminous Concrete Surface Course, Type 1_2: Pavement shall be replaced' within the same week that it is cut. If inclement weather delays pavement replacement, the Contractor shall not cut additional pavement until he has notified the Engineer and received specific permission and instructions. Any deviations from this schedule could subject the Contractor to immediate shut-down or non-payment of additional work performed until pavement repair is complete. 02575-2 %464.11/996 J it t 3.5.1 The bituminous plant mix placement and compaction shall conform to NCDOT Section 610. If directed by the Special Conditions or the Engineer, density control and determination shall be in accordance to Section 610, Article II. 3.6 Portland Cement Concrete shall be placed over a compacted sub-base of CABC stone with the surface damp at time of placement. The concrete patch shall equal the thickness of the surrounding pavement, but shall not be less than 4 inches thick. The concrete shall be handled to prevent segregation and kept free from mud, soil or other foreign matter. 3.6.1 Concrete placement shall not be undertaken or shall be discontinued when any of the following conditions exist: 1 1. When the descending air temperature in the shade and away from artificial heat reaches 40°F. 2. When the subgrade or base course is frozen. 3. When the temperature of the concrete mix exceeds 90°F. 4. When the time after batching exceeds 90 minutes. 3.6.2 Concrete finishing shall consist of screeding and floating to assist consolidation. The surface texture shall closely resemble the texture of the surrounding pavement. A t uniform surface texture shall be applied by burlap dragging or other method acceptable to the Engineer. The use of excessive water during finishing will not be permitted. 3.6.3 Concrete curing shall be accomplished with spray compounds, polyethylene film or other methods- acceptable to the Engineer. In no instance shall the method of curing be allowed to damage the finished surface. Any concrete with excessive surface damage will be considered defective work and removed and replaced at the Contractor's expense. 3.6.4 Concrete shall be protected from cold for a minimum of 72 hours through thermal blankets or other means acceptable to the Engineer. Thermal protection will be required whenever the air temperature is expected to fall below 40°F. Concrete damaged as the result of freezing shall be removed and replaced at the Contractor's expense. 4. METHOD OF MEASUREMENT BASIS NT: 4.1 Pavement patching shall be paid for at the unit prices per linear foot stipulated in the Proposal. Measurement for pavement patching shall be made along the centerline of the pipe and only at locations where the centerline of the pipe lies within a paved surface. Where the pipe centerline lies outside a paved surface, no measurement or payment shall be made. The width of the patching or restoration will not be measured. 02575-3 96464.11/996 t It shall be the responsibility of the Contractor to minimize the width disturbed or removed. 4.2 Payment for pavement restoration (patching and repaving) shall include payment in full for labor, materials, and equipment necessary to furnish, install and maintain the base course (and any CABC temporary surface), removal of temporary CABC prior to paving the final surface course, and permanent surface course. END OF SECTION 02575-4 96464.11/996 SECTION 02601 MANHOLES. DROP CONNECTIONS AND CONFLICT MANHOLES 1. DESCRIPTION: The Contractor shall furnish all labor, materials, equipment and supplies and shall perform all work necessary for the construction of all manhole drop connections and conflict manholes complete and ready for use. The manhole drop connections and conflict manholes shall be constructed at the locations and grades shown or established by the Engineer and shall conform to the details shown on the Plans. 1.1 Any reference to NCDOT standard specifications was obtained from "Standard Specification for Roads and Surfaces" published by the North Carolina Department of Transportation. Unless otherwise noted, the most current date published applies. i 2. MATERIALS: Materials for manholes shall be new and shall be furnished by the Contractor in accordance with the following 1 requirements: 2.1. Manholes: Shall be precast reinforced concrete sections conforming to ASTM C-478 and to the following. 2.1.1. Tops shall be eccentric cone where cover permits unless shown otherwise on the drawings and flat slab tops otherwise. Bottoms shall be integrally cast unless the Contractor proposes to use specialty bases ("Dog-House") at points of connection to existing sewer mains. Any special bases or riser used must be detailed in shop drawings and submitted for approval. Manhole wall and base dimensions shall conform to C-478 or to the minimum dimensions shown on the drawings. 2.1.2. Manhole supplier shall design manhole sections to resist earth loads and to resist uplift resulting from buoyant forces calculated with ground water table at the ground surface. Wall and or base dimensions shall be increased accordingly. 2.1.3. Pip;.: connection shall consist of an approved continuous boot of 3/8 inch e minimum thickness neoprene as shown on the drawings conforming to ASTM C-923. Boots shall be either cast into the manhole wall or installed into a cored opening using internal compression rings. Installed boot shall result in a water-tight connection meeting the performance requirements of ASTM C-443. 2.2 Frames and Covers: Shall be of domestic manufacture good quality cast iron of uniform grain, conforming to ASTM A48, Class 30 or better, constructed in accordance with details shown on the Plans. 02601 - 1 96461.111996 1 2.3. Manhole Steams: Shall be of aluminum or composite plastic-steel construction. Aluminum steps shall be of aluminum alloy 6061T6. Composite plastic-steel steps shall consist of a 1/2 inch deformed steel reinforcing rod encapsulated in a co-polymer polypropylene plastic; reinforcing rods shall conform to ASTM A615, Grade 60; and polypropylene plastic shall conform to ASTM D2146, Type 11, Grade 16906. Minimum design live load of steps shall be a single concentrated load of 300 pounds. Steps shall 1 be nine inches in depth and at least twelve inches in width. Steps shall have non-skid top surfaces. All parts of aluminum steps to be embedded.in concrete or masonry shall be coated with bituminous paint or zinc chromate primer. 2.3.1. Steps shall be uniformly spaced not more than sixteen inches (16") on center, including the spacing between the top step an the manhole cover. Steps shall be ' embedded in the wall a minimum distance of 4 inches in either cast or drilled holes. Steps shall not be driven or vibrated into fresh concrete and shall withstand a pullout resistance of 2000 lbs. when tested in accordance with ASTM C 497. Each step shall project a minimum of 5 inches from the wall measured from the point of embedment. 2.4. Concrete (poured in place): Air entrained Portland Cement Concrete having r minimum twenty-eight (28) day compressive strength of 3000 psi. 2.5. Joint Sealant: Butyl Rubber based conforming to AASHTO M-198, type B - butyl rubber, suitable for application temperatures between 10 and 100 degrees F. 2.6. O-Ring or Gasket Contractors Option): ASTM C-443. 2.7. Sand Cement: 2.7.1. Portland Cement: ASTM C50, Type I. 2.7.2. Sand Clear, sharp, graded from fine to coarse, ASTM C-144. 2.7.3. Water: Clean and potable. 2.7.4. Mixture: One (1) part cement, two (2) parts sand. 2.8.. Pipe and Fittings: Same as sewer pipe. 4 2.9. Grade Precast Rin : Shall be no less than 4" in height and conform'to ASTM C 478. 2.10. Stone: Washed Stone material crushed stone or ravel shall be strong, durable and conform to standard size No. 57 per NCDOT Section 1000. 02601-2 96461.11/996 3. CONSTRUCTION: 3.1. Excavation for all sanitary manholes shall be carried to a depth such as to provide a minimum of 6 inches of washed stone bedding material below the bottom of structures and extend to a minimum width of 8 inches beyond each side of structures. 3.2. Should unstable soil, organic soil, or soil types classified as fine-grained soils (silts and clays) by ASTM D-2487 be encountered at the bottom of excavations, such soils shall be removed to a depth and width determined by the Engineer and properly disposed of. The resulting undercut shall be backfilled with washed stone. Placement and compaction shall conform to applicable earthwork specifications. ' 3.3. Manholes shall be constructed of precast reinforced concrete with cast iron frames and covers in accordance with details shown on the Plans. 3.4. Invert channels shall be smooth and accurately shaped to semi-circular bottom conforming to the inside of the adjacent sewer sections. Inverts shall be formed of concrete, and no laying pipe through manholes will be permitted. Changes in size and grade shall be made gradually and evenly. The minimum bending radius of the trough centerline shall be 1.5 times the pipe I.D. A minimum Y2" radius shall be provided at the intersection of 2 or more channels. 3.4.1 Depressions, high spots, voids, chips or fractures over W in diameter or depth shall be filled with sand cement and finished to a texture reasonable consistent with that of the formed surface. 3.5. Precast concrete bottom sections, risers, and top sections shall be fabricated such that when assembled, they provide a manhole conforming to the depth required. The Contractor shall be responsible for the furnishing and constructing manholes such that the completed assembly is flush (0.1 foot above) finished grade or at other elevations as may be shown on the drawings. No manhole assembly will be accepted or paid for that will allow surface water inflow to occur through the cover due to poor attention to construction grades. 3.6. Sections are to be assembled so as to provide a plum structure with uniform bearing at all joints and at the base slab. Joints shall be thoroughly cleaned to remove dirt and foreign` material. The butyl rope sealant shall be unrolled directly against the base of the spigot. -Leave the protective paper in place until the sealant is fully in place. Overlap rope from side to side, not top to bottom. Joints to be plastered smooth inside 1 and outside of manhole with a cement grout. Joints shall be water-tight. 3.7. Pipes shall project into the manhole 2-inches and shall be mechanically sealed with a molded neoprene boot. 02601 - 3 96461.11/996 LJ r 3.8. Manhole frames and covers shall be set flush (0.1 foot above) with the finished grade or as otherwise shown on the drawings. Precast adjustment (grade) rings shall be used as required. No More than 8 vertical inches of grade ring will be allowed per manhole. Seal frame to adjustment ring, or cone section with butyl sealing rope and completely grout the ring to the top manhole section. 3.9. Drop connections shall be constructed in accordance with details shown on the Plans. 3.10. Conflict Manholes and Manhole Alternates shall be constructed in accordance with details shown on the plans. 4. TESTING: All manholes shall be tested in accordance with the Infiltration/Exfiltration Test in Section 02730, unless otherwise directed by the Engineer. 5. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: Manholes, Drop Connections, Manhole Vent Pipes, existing manhole removal and existing manhole abandonment shall be paid for at the unit prices specified in the Bid. All prices shall be for full payment for all labor, materials, tools, equipment, backfilling, sheeting, shoring, dewatering, and other costs necessary to complete the work as shown, directed and specified. 5.1 Manholes are to be measured and the depth determined as the vertical distance between top of the cast iron frame and the lowest pipe invert and roundedJo the nearest foot. 5.2 Drop Connections will be measured and paid for at the price per vertical foot, rounded to the nearest foot. 5.3 Payments for manholes constructed over existing sewers shall be lump sum for each specialty manhole identified, including all appurtenances for a • complete installation at each location identified. END OF SECTION 02601 - 4 n G 1 96461.11/996 t 1 1. DESCRIPTION: SECTION 02668 WATER SERVICE CONNECTIONS Water service connections shall include tapping the main line and providing all saddles, corporation stops, fittings, service lines, copper setters, meters, meter boxes and other incidentals required for proper installation. 1.1 Related Work: See the following sections for related specifications: ' Section 02933 Seeding and Mulching 2. MATERIALS: Shop drawings, catalog cuts and related data for service pipe and appurtenances shall be submitted to the Engineer for approval. 2.1 Copper Setter (Meter Setter) shall be of copper and brass, domestic manufacture and of the proper size for the service on which they are installed. The setters shall be equipped with a single check valve outlet and padlock wings on the key valve. Suitable adapters for coupling to service pipe shall be provided. Copper setters shall be Mueller H 1434-2, Ford VH72-12W, or equal. 2.2 Corporation Stops shall be of brass, domestic manufacture and of the proper size for the service on which they are installed. Where dictated by the tapping angle, eighth or quarter bend couplings shall be provided. Suitable brass adapters for coupling to service pipe shall be provided. 2.3 Tapping Saddles shall be of malleable galvanized iron with flat single strap. Straps shall be the wide flat type with bottom plate width not less than one-half the pipe i diameter on which it is to be installed. Top plates shall have a thick boss to permit full thread length. The seal between the pipe and top. plate shall be provided through a neoprene gasket, permanently cemented to the underside of the clamp body. 2.4 Service Pipe and Fittings: 2.4.1 Polyethylene Tubing: Tubing: AWWA C901, Polyethylene (PE), Pressure Pipe (Class 200), DR=9 Fittings: AWWA C901, fusion or compression connection 02668-1 96464.11/996 1 2.4.2 Cooper Tubing: Tubing: ASTM Specification B-BB for Type seamless annualed Fittings: AWWA C800 flared or compression fittings 2.4.3 Polybutylene Tubing: Tubing: AWWA C902 rated for 250 psi working pressure Fittings: AWWA C902, red brass, rated for 250 psi working , pressure. 2.5 Pipe Connection Cla= shall be of stainless steel. , 2.6.1. General Water meters shall be 3/4 x 5/8 and conform to the standard specifications for cold water meters, multi jet type, as adopted by the American Water Works Association, C-708-76 or latest revision and shall be equal to the Precision Meters Inc. type "PMM". All water meters will be of the Frost Protective Design. They will have a bronze top and a bronze bottom. 2.6.2. Certification The meters are to be accepted on a certificate furnished by the Manufacturers that meters have met the requirements of the Standard°` Specifications , for Water Meters, as adopted by the American Water Works Association. 2.6.3. IDe ive[y Registers shall be direct reading with sweep hand and, shall record in , gallons and totalized on five odometer wheels. All meters shall be equipped .with a low flow or leak detector sweep hand capable of measuring at %-gallon per minute with 95%o accuracy. The registers shall be of the hermetically sealed gear train and register ' type with magnet drive. 2.6.4. Connection Three-quarters inch (3/4") connections. 2.6.5. Guarantee Each and every meter shall be guaranteed for a period of one year from date of purchase against faulty material and workmanship. Hermetically Sealed Registers shall be guaranteed for a ten-year period. - 2.7 Meter Boxes Shall be plastic structural foam box with a cast iron and reading lid cover. Covers shall have separate reader lid and clearly marked "Water". 02668-2 96464.11/996 1 u t t 3. INSTALLATION: Service connections shall be installed at locations as designated by the Owner. Installation shall be made in a manner acceptable to the Engineer. 3.1 Tans Proper size taps shall be made on the distribution line. A corporation stop, with the proper bend and service pipe adapter, shall be installed in the tap. 3.2 Service Pipe shall be connected to the corporation stop adapter with two stainless steel clamps, or other suitable method approved by the Engineer. Pipe shall be cut to the required length and properly laid in the service ditch. Adequate provisions shall be made to protect against expansion and contraction. 3.3 Backfill of ditches and cleanup of the work area shall meet approval of the Engineer. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT 4.1. Measurement for each "proposed" long and short service connection shall include meter, meter setter, box, 3/4" tubing, road bore (long only beneath paved streets), and., corporation stop. 4.2 Measurement for each long and short service connection to "existing" meters shall include meter, meter setter, meter box, 3/4" tubing, corporation stop and connection to. existing house side service line as shown on plans. END OF SECTION 02668-3 96464.11/996 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 02730 FORCE MAINS AND GRAVITY SEWERS 1. DESCRIPTION: The Contractor shall furnish all labor, materials, equipment and supplies and shall perform all work necessary for the construction of the sewers, complete, tested and ready for use. The sewers shall be constructed to the lines and grades shown and shall be the size shown on the plans. 1.1. Related Work: See the following sections for related specifications: 02222 Excavating, Backfilling & Compacting for Utilities ' 02933 Seeding and Mulching 2. MATERIALS: All materials for sewer pipe shall be new and shall be furnished by the i Contractor in accordance with the following requirements unless shown otherwise on the plans. ' 2.1. Gravity Sewers (8-Inch Through 16-Inch): 2.1.1 Ductile Iron Pipe: Pipe Fittings: 1 Joints: Linings: 2.1.2 PVC Pipe: Pipe: Fittings: t Joints Latest revision ANSI/AWWA C150 "Thickness Design of Ductile Iron Pipe", 8" through 12" pressure class 350 psi, 14" through 16" pressure class 250 psi, and latest revision AWWA C151 "Ductile Iron Pipe, Centrifugally Cast for Water and Other liquids, unless shown otherwise on the drawings. AWWA C110, grey or ductile iron, or compact ductile iron conforming to AWWA C153. AWWA C111 push-on unless shown otherwise. AWWA C104 cement lining, standard thickness, bituminous seal coat. ASTM D3034; "Type PSM Polyvinyl Chloride (PVC) Sewer Pipe and Fittings." SDR 35 with a minimum cell classification of 12454- B. ASTM D3034. Fittings in sizes through 8" shall be molded in one piece with elastomeric joints and minimum socket depths as specified in Sections 6.2 and 7.3.2. Fittings 10" and larger shall be molded or fabricated in accordance with Section 7.11 with manufacturer's standard pipe bells and gaskets. ASTM D3212, Elastomeric gaskets conforming to ASTM F477. 02730-1 96461.11/996 2.1.3 PVC Ribbed Sewer Pipe: Pipe: ASTM F794; "Polyvinyl Chloride (PVC) Ribbed Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter". PVC plastic with a minimum cell classification of 12454-C as defined in ASTM D-1784. Fittings: ASTM D3034 lateral hubs Joints: ASTM D-3212, elastomeric seal gaskets conforming to ASTM F- 477. , 2.1.4 High Strength Steel Pike: Pipe: Welded or seamless, manufactured in accordance with ASTM A-53 ' for welded and seamless pipe and/or ASTM 139 for welded straight-seam steel pipe. All steel shall be grade B, 35,000 psi yield strength with wall thickness 0.250" unless otherwise specified on plans. Linings: One of the following shop applied linings shall be applied on the , inside of the pipe barrel: a) Coal tar lining 3/32-inch minimum thickness in accordance , with AWWA 203. b) Coal tar epoxy lining 20 mils (dry) minimum thickness conforming to Mil-P-23236 Type I, Class ll. Couplings: Shall be a reducing steel coupling when making a reduction in pipe size, changing class of pipe, or for making connections between any two kinds of pipe. The coupling shall consist of one cylindrical steel middle ring, two steel follower rings, two resilient gaskets and, ' a set of steel trackhead bolts. The middle ring shalt have a conical flare at each end to receive the wedge portion of the gaskets. The follower rings shall confine the outer ends of the gaskets. Tightening the bolt shall draw the follower rings toward each other, compressing the gaskets in the spaces formed by follower rings, middle ring flares and pipe surface. This shall make a flexible leak- proof seal. Bolts and nuts shall be of high grade, .high strength steel. Center ring, glands, bolts and nuts shall receive one coat of primer. Protective Coating: The outside of steel pipe, nuts, bolts and couplings shall receive one coat coal tar epoxy to 10 mils minimum t thickness. Coatings shall be shop applied to pipe and field applied to couplings. 96461.11/996 02730-2 i 11 2.1.5 PVC Truss Pipe: Pipe: PVC composite pipe shall conform to the requirements of ASTM Designation D2680-90 (or latest revision). Pipe and fittings shall be homogeneous throughout and free from visible cracks, holes, foreign inclusions or other injurious defects. Minimum pipe stiffness when measured in accordance with ASTM Test Method D2412 shall be 200 psi. The thermoplastic material shall be a rigid PVC plastic and shall meet or exceed the requirements of ASTM Specification D1784 for a minimum cell classification of 12454B or 12454C. The other component for semi-rigid pipe shall be Portland cement, Mearlcrete concrete or other inert filler material that essentially fills the truss annulus to form a composite pipe. Bedding/laying requirements for this pipe shall be the same as for other rigid pipes or per manufacturer's requirements. Fittings: All fittings for PVC composite pipe shall confirm to ASTM D2680-90 Section 7.1 and Tables 5 and 6. To insure compatibility, the pipe manufacturer shall furnish all fittings. Joints: All joints shall be made with gasketed bell coupling connections. The manufacturer shall provide documentation showing no leakage when gasketed pipe joints are tested in accordance with ASTM D2680 Section 10.4.2 and ASTM Test Method D3212 Elastomeric seals (gaskets) shall meet the requirements of ASTM Designation F477. 2.2 Force Mains: 1 2.2.1 Ductile Iron Pipe (3-Inch Through 12-Inch): Piper Latest revision ANSI/AWWA C150 "Thickness Design of Ductile Iron pipe", 3 through 12 pressure class 350 psi, and latest revision AWWA C151 "Ductile Iron Pipe, Centrifugally Cast for Water and other liquids, unless shown otherwise on the drawings. Fittings: AWWA C110, grey or ductile iron. Joints: AWWA C111 push-on unless shown otherwise. Linings: AWWA C104 cement lining, standard thickness, bituminous seal coat. 2.2.2 PVC Pine (4-Inch Through 12-Inch): Pipe: AWWA 0900 "Polyvinyl Chloride (PVC) pressure pipe. Pipe provided shall be cast iron pipe equivalent O.D. Pipe shall be 02730-3 96461.11/996 pressure Class 150 (DR=18) unless shown otherwise on the , drawings. Fittings: Cement lined, cast or ductile iron fittings conforming to AVWVA C110, or compact ductile iron conforming to AWWA C153 Joints: Pipe, elastomeric gasket, push-on joints, conforming to AWWA C900. Joints may be either integral bell and spigot or couplings. Fittings; AWWA C111, push-on.. , 2.2.3 PVC Pipe (1-Inch Through 4-Inch): I Pipe: ASTM D-2241 "Polyvinyl Chloride (PVC) pressure water pipe. Pipe provided shall be iron pipe size. Pipe shall be pressure Class 200 ' (SDR 21) unless shown otherwise on the drawings. Fittings: Cement lined, gray-iron or ductile iron conforming to AVWVA C104 and C110 for fittings size 4-inch through 12-inch or compact fittings conforming to AWWA C153. Fittings less than 4-inch shall be PVC, Class 200, IPS with bells conforming to ASTM F477. Joints: Pipe or compact ductile iron fittings conforming to AWWA C153, , elastomeric gasket, push-on joints, conforming to ASTM F477 and ASTM 3139. Joints may be either integral bell and spigot or couplings. , 2.3 Sewage Air and Vacuum Valves in sewer force mains shall be the type specifically designed for use with sewage. Valves shall be designed to vent large quantities of air when the line is being filled and to allow air to re-enter the line when it is tieing drained. Overall height of valve body without accessories shall be not less than 15 inches. Materials shall include cast iron body and cover, bronze float stem and guide, rubber seat and stainless steel float. Valves shall be furnished with provisions for backflushing. Valves shall be designed for working pressure of 150 psi. 2.4 Sewage Air Release Valves in sewer force mains shall be the type designed for use with sewage. Valves shall be designed to operate (open) while pressurized allowing entrained air in a sewage force main to escape through the air release orifice and prevent media from escaping. Materials shall include cast iron body and cover, rubber seat, stainless steel float stem and internal linkages. The valves shall be sized according to the detail drawings and designed for minimum working pressures.of.150 psi. 2.5 Steel Encasino Pine shall be smooth wall meeting or `exceeding ASTM A-139, Grade B 35,000 psi minimum yield strength with a minimum wall..thickness, as defined below: 02730-4 96461.11/996 i! i 11 CARRIER PIPE CASING PIPE Thickness D.O.T. R.R Recommended* Min. Tunnel 6-Inch Ductile Iron 14" .250 .281" 48" 8-Inch Ductile Iron 18" .250 .281" 48" 10-Inch Ductile Iron 20" .250" .344" 48" 12-Inch Ductile Iron 22" .250" .375" 48" 16-Inch Ductile Iron 28" .312" .469 48" 18-Inch Ductile Iron 30" .312" .469" 48" 20-Inch Ductile Iron 32" .375" .501" 48" 24-Inch Ductile Iron 36" .375" .532" 48" 2.6 , Carrier } ioe Supports Within Steel Casing shall be steel plate, cold formed structural collar with flanges and a minimum of four support legs welded to the collar. Each support leg shall have a foot or skid welded on the end extending beyond the front and back edge of the collar. The front and rear of each foot shall be angled inwardly towards the collar to serve as a stable, effective skid during installation of the carrier pipe. The carrier support shall be securely fastened to the carrier pipe with a heavy duty %" grade 5 bolt and locking nut passing between the flanges, compressing the collar against the carrier pipe. The support device shall be a Spider or approved equal. ' 2.7 Utility Line Marking Tape shall be acid and alkali resistant polyethylene film two inches wide and 4 mil thick. The tape shall be manufactured with integral wires, foil ' backing or other means to enable detection by a metal detector when the tape is buried up to three feet. The metallic core of the tape shall be encased in a protective jacket or by other means to prevent corrosion. The tape shall bear a continuous printed marking describing the specific utility, i.e. "SEWER". 3. TRENCH EXCAVATION AND BACKFILL: 3.1 Excavation shall conform to the lines and grades shown on the drawings. No trench shall be opened more than two hundred (200) feet in advance of the completed 02730-5 96461.11/996 1 pipe work without the written permission of the Engineer. The lines of excavation of , trenches shall be made so there will be a clearance of at least eight (8) inches on each side of the barrel of the pipe. Excavation shall not be carried below the established grades and any excavation below the required level shall be backfilled and thoroughly ' tamped as directed by the Engineer, at the Contractor's expense. Bell holes shall be excavated accurately by hand. 3.2 During excavation, Contractor shall separate materials suitable for backfill from those defined unsuitable. Do not use the following materials for pipe foundation or trench backfill within the zones indicated below: - All zones: material classified as peat (PT), organic soil (OL)(OH) under the Unified Soil Classification (USC) System, ASTM D2487 and all materials too wet or too dry to achieve minimum compacted density requirements, - Six inches beneath pipe: soft or unstable material and rock, ' - Beside pipe: any material containing more than 75% fines passing #200 sieve. Suitable material shall be stockpiled near the trench for use as backfill. Unsuitable material shall be removed immediately or shall be stockpiled separately for dewatering or drying and later removal. Where no excavated material is suitable for backfill; furnish , suitable material from borrow sites at no additional cost to the Owner. ' 3.3. All unstable soil, organic soil, or soil types classified as inorganic clays and inorganic elastic silts (Class IV, Unified Class CL or lower) that are encountered at the bottom of pipe trenches or structure excavations shall be removed to a ,-depth and width determined by the Engineer and properly disposed of. The resulting undercut shall be backfilled and compacted with sandy soils which meets or exceeds the requirements of Class I or Class II soil, Unified Class SP or better. Placement and compaction shall conform to the compaction specifications herein and on the plans. 3.4 All necessary dewatering pumping, and bailing shall be performed in such a manner as to keep the trench in a satisfactory condition for pipe laying. 3.5 Backfilling shall be done with material free from large clods; frozen earth;' organic , material and any foreign matter. 3.5.1 Around the pipe and to a depth of 12-inches above the pipe the backfill shall be , carefully placed and compacted in layers not-to-exceed 6-inches compacted thickness. The backfill shall be select and free of rock. Do not place backfill material on either side of the gravity sewer that is finer than the material upon which it is placed. Backfill with coarser material to the top of the pipe. 02730-6 96461.19 isss 1 3.5.2 Twelve (12) inches above the crown of the pipe the backfill may contain rock but ' less than 6-inches in diameter. Backfill layers shall be horizontal and not exceed 12- inches loose or 8-inches compacted. 3.5.3 Compaction shall be performed with suitable pneumatic compactors or approved equal equipment. Compaction equipment specifically designed for trench compaction shall be present, operational and at the jobsite at all times. Compaction equipment shall be utilized throughout the length and depth of the trench to achieve uniform compaction density. 3.5.4 Compaction density shall be determined by the Standard Proctor Test (ASTM D698) and shall meet the minimum standards in Section 02222, Excavating, Backfilling & Compacting for Utilities. 3.5.5 Surplus material shall be disposed of by the Contractor at his expense. Clean shoulders and pavement of excess material immediately after backfilling is complete. 4. LAYING SEWERS: ' 4.1. Gravity Sewers: All sewers shall be laid and jointed in accordance with approved manufacturer's recommendations and shall be laid true to line and grade proceeding upgrade with. the spigot pointing in the direction of flow. The sections of pipe shall be laid and fitted-together so that, when complete, the sewer will have smooth and uniform invert, with full-length of the barrel resting on the trench bottom or bedding prepared for the pipe. Holes shall be excavated to accommodate pipe bells. The pipe shall be kept ' thoroughly clean. Each pipe shall be inspected for defects before lowering pipe into trench. Water shall not be allowed to rise around joints until they have been made tight. 4.1.1 All" gravity sewer shall be bedded in accordance with manufacturer's recommendation for the proposed depth of sewer, and as detailed in the contract drawings, measures to prevent pipe buoyancy shall be taken, as necessary. 4.1.2 The exposed end of all pipes shall be closed by means of an approved plug to ' prevent earth or other substances from entering the pipe. The interior of the sewer shall be kept free from all dirt, cement or superfluous materials of every description as the work progresses. 4.2 Force Mains: All pipe for force main sewers shall be laid and jointed in accordance ' to approved manufacturer's recommendations, contract drawings and as specified herein. 02730-7 96461.11/996 1 4.2.1 Each pipe shall be inspected for defects before lowering pipe into the trench. , Any defective pipe shall be immediately removed from the site. 4.2.2 Water shall not be allowed to rise around the joints until they have been made ' tight. The exposed end of all pipe shall be closed by means of an approved plug to prevent earth or other foreign substances from entering the pipe. The interior of the pipe shall be kept clean and free of all dirt, stone or foreign material as work progresses. 4.2.3 The force mains shall be properly bedded according to the manufacturer's recommendations, contract drawings and the minimum standards defined below: All Pipe IN ROCK OR WET TRENCHES: Washed stone bedding from 4- inches below pipe to springline of pipe. ALL OTHER CONDITIONS: Hand carve trench to shape of lower quadrant of barrel 4.2.4 Concrete Blocking: All bends, tees and plugs shall be blocked with 3000 psi ' concrete from the pipe to undisturbed ground to the dimensions shown on the plans. Plant mix concrete is preferred although field mix concrete (Sacrete or equal) may be used as long as it is properly mixed outside of the trench in clean containers with potable water. The concrete mix shall be placed and rodded or consolidated by suitable means to minimize voids and shall receive a 24-hour cure before being , backfilled. If the ground is soft, restrained joint fittings shall be used as directed by the Engineer. 4.2.5 Utility Lin Marking T : Shall be placed above all PVC pipe used in the force main construction. It shall be placed between lifts of backfill approximately 12" above - the top of the pipe. , " 4.3 Boring and Jacking: Where required, smooth wall or spiral weld steel pipe shall be,,. jacked through dry bores slightly larger than the pipe, bored progressively ahead of the , ' leading edge of the advancing pipe. As the boring and jacking operation progresses, each new section of the encasement pipe shall be butt-welded to the section previously , jacked in place. . s 4.3.1 Obstructions encountered during the boring and jacking operation or deflections in the bore resulting in less than 30 inches of soil cover above the casing, shall -require the bore to be abandoned. The abandonment procedure consists of cutting off the excess pipe, capped then filled with Portland cement grout (1:3 parts cement to sand) , at sufficient pressure to fill all voids before moving to a new location. 4.3.2 The carrier pipe shall be fully supported along its entire length within the casing pipe. Support may be accomplished by securely fastening pressure treated lumber. to the carrier pipe or by using "spiders". Either method shall be first submitted to the 02730-8 96461.11/996 Engineer for approval, detailing the means of fastening the support devices and spacing of supports. 4.3.3 Length of encasements shall be determined as follows: ' Cut sections - Ditch line to ditch line. Fill sections - 5 feet beyond toe of slope. Curb sections - 3 feet beyond curb. ' Future highway or railroad R/W - Extend full width of R/W or unless. otherwise noted. 4.3.4 Materials and workmanship shall also be governed by the requirements set for by the agency issuing the encroachment (Railroad, Department of Transportation, Pipeline Co., Etc.). Any specific conditions other than listed herein pertaining to the ' encroachment are listed in the Special Conditions. ' 5. INSTALLATION OF JOINTS: 5.1. Mechanical Joints: The socket, gasket or spigot of the pipe shall be cleaned of all ' foreign matter. The gland shall be slipped on the spigot end, followed by the gasket and the pipe end pushed into the bell. The ring gasket shall be properly seated so that it is totally confined under pressure within the bell. The loose gland shall be moved into position against the face of the gasket and the nuts and bolts loosely assembled with ' the fingers and then made up tight with a suitable ratchet wrench. 5.2. Push-On Joints: The joint shall be thoroughly cleaned, prepared, lubricated and installed in accordance with the requirements, instructions and recommendations of the manufacturer and Engineer. 5.3. Solvent Cements int : The joint shall be thoroughly cleaned, prepared and installed in accordance with the requirements, instructions and recommendations of the ' manufacturer and Engineer. ' 6. TESTING: All -pipe installations shall be tested as specified herein. Tests shall be performed by Contractor at his expense in the presence of Engineer or his representative. Testing shall not be performed until such time that all work which may affect the results of the testing has been completed. Where a test section fails to meet test requirements, Contractor shall make corrections as specified herein and retest the section. The correct/retest procedure shall continue until such time as test requirements are met. All gravity lines will be lamped by the Engineer. The Contractor shall furnish two personnel to assist the Engineer in removing and replacing manhole covers, and in carrying Engineer's tripod, hoist and other equipment necessary to perform this task. 02730-9 96461.11/996 6.1. Air Test: All gravity sewer pipe. 6.1.1. Procedure: 6.1.1.1. Air test shall be conducted in strict accordance with the testing equipment manufacturer's instructions, including all recommended safety precautions. No one will be allowed in the manholes during testing. Equipment used for air testing shall be , equipment specifically designed for this type of test, and is subject to approval of the Engineer. 6.1.1.2. The test shall be performed only on clean sewer mains after services are installed and the pipe is completely backfilled. Clean sewer mains by propelling snug ' fitting inflated rubber ball through the pipe with water. After completely cleaned, plug all pipe outlets with suitable test plugs. Brace each plug securely. 6.1.1.3. For pipe within test sections above the ground water table, add air slowly to , the portion of the pipe installation under test until the internal air pressure is raised to the starting pressure of 4 psig. After the starting pressure is obtained, allow at least two , minutes for air temperature to stabilize, adding only the amount of air required to maintain pressure. When pressure decreases to 3.5 psig, start stopwatch. Determine the time that is required for the internal air pressure to reach 2.5 psig. ' 6.1.1.4. For pipe with test sections below the ground water table, determine the starting pressure for the test section, in psig, as follows: , 1. Determine the maximum depth of pipe within the test section in feet. 2. Multiply this depth by 0.67 and add 9.3 feet. 3. Multiply the result in part 2 by 0.43 and round to the nearest 0.5 psig. After this starting pressure is obtained, continue the test in accordance with the procedure in the paragraph above. ' 6.1.2. Requirement: The test section shall be acceptable if the` elapsed time for pressure drop of 1.0 psig is greater than the sum of the times shown below for all pipe , sizes within the test section. PIPE DIAMETER (INCHESI LENGTH 4 6 8 10 12 15 18 21 24 25 0:04 0:10 0:18 0:28 0:40 1:02 1:29 2:01 2:38 50 0:09 0:20 0:35 0:55 1:19 2:04 2:58 4:03 5:17 75 0:13 0:30 0:53 1:23 1:59 3:06 4:27 6:04 7:55 02730-10 96461.11/996 ' 100 0:18 0:40 1:10 1:50 2:38 4:08 5:56 8:05 10:34 125 0:22 0:50 1:28 2:18 3:18 5:09 7:26 9:55 11:20 150 0:26 0:59 1:46 2:45 3:58 6:11 8:30 If 175 0:31 1:09 2:03 3:13 4:37 7:05 If " of ' 200 0:35 1:19 2:21 3:40 5:17 if of 12:06 225 0:40 1:29 2:38 4:08 5:40 if of 10:25 13:36 ' 250 0:44 1:39 2:56 4:35 8:31 11:35 15:07 275 0:48 1:49 3:14 4:43 9:21 12:44 16:38 300 0:53 1:59 3:31 11 of 10:12 13:53 18:09 350 1:02 2:19 3:47. " If 8:16 11:54 16:12 21:10 400 1:10 2:38 6:03 9:27 13:36 18:31 24:12 ' 450 1:19 2:50 it it 6:48 10:38 15:19 20:50 27:13 500 1:28 5:14 7:34 11:49 17:01 23:09 30:14 ' 6.1.3. Corrective Measures: If elapsed time is less than the specified amount, Contractor shall locate and repair leaks and repeat the test until elapsed time exceeds the specified amount. 6.2. Infiltration/Exfiltration Test (Use All Manholesl: 6.2.1. The use of this method for sewer pipe, in lieu of air tests may be used as an alternate test method. 6.22. Procedure: 1. Infiltration: Immediately following a period of heavy rain a test of work constructed up until the time shall be made. Three measurements shall be made at one (1) _hour intervals to compute the amount of the infiltration. Tests for ' manholes only shall be conducted on individual manholes. Tests for pipe and manholes shall be performed on test sections not exceeding 600 linear feet of collector sewer and shall include both pipe and ' manholes. The Engineer reserves the right to use his judgement as to whether the ground is sufficiently saturated and/or whether the fall of rain is adequate to permit making infiltration tests. In the event that sufficient rain does not occur ' before the date of completion, the Contractor shall be required to conduct the tests at any time during a 30-day period following this date. Should Engineer ' determine that certain pipe or manholes cannot be tested by infiltration methods, the Engineer may direct the filling of lines and the measurement of exfiltration. The allowable rate of exfiltration shall be the same as for infiltration. ' 02730-11 96461.11/996 , 2. Exfiltration: Determine test sections as outlined for infiltration tests. Install a temporary water plug at the inlet and outlet of the test section. Fill test section with clean water up to the bottom of the lowest manhole frame within the test section. Allow time for saturation of pipe and manholes refilling test section as required. Beginning with a full test section, allow at least eight (8) hours to elapse without adding water. Measure the water level at the beginning and end , of the elapsed time above. Compute the volume of water lost in gallons per hour. , 6.2.3. Test Requirements: The rate of water loss/gain shall be less than the rate, in gallons per hour, calculated for the test section using the following allowances: 1. Sewer main and manholes with or without service laterals; 100 gallons per 24 hours per inch of sewer main diameter per mile of sewer main (gpd/in-mi). , 2. Manholes only; 1 gallon per 24 hours per vertical foot of manhole. ' 6.2.4. Corrective Measures: If actual leakage rate is greater than required leakage rate, Contractor shall locate and repair leaks and repeat the test until actual leakage is less than the required rate. 6.3. Deflection Test: 6.3.1. Use: All gravity sewer, 8-inch diameter through 15-inch diameter except ductile iron. 6.3.2. Procedure: Tests shall be performed by the Contractor in the presence of the Engineer no sooner than thirty (30) days after completion of backfill.. The Owner, at his option, may require a second test within the guarantee period of the project. AM he (9) arm mandrel and proving ring, as manufactured by Wortco, Inc. or an approved equal, will be provided by the contractor. The mandrel shall be manually pulled, from manhole, through the entire length of mainline pipe. The mandrel and proving ring shall remain the property of the Contractor. 6:3.3. Requirement: All pipe shall allow passage of the test mandrel The mandrel and proving ring shall be sized at 5% less than the ASTM dimension for the pipe' in. accordance with the following table: ' 02730-12 96461.11/996 t 11 u 0 L i NOM. DIA L ASTM D3034 SDR 35 D ASTM D2680 D 8" 8" 7.28" 7.40" 10" 10" 9.09" 9.31" 12" 12" 10.79" 11.22" 15" 15" 13.20" 14.09" L = Manarei contact Lengin D = I.D. of Proving Ring 6.3.4. Corrective Measures: All pipe that fails the deflection test shall be removed, replaced and retested at no additional expense to the Owner. 6.4 Force Main Pressure Test 6.4.1 The pressure/leakage test of water mains shall be in accordance with Standard AWWA C600-82. The allowable leakage shall not exceed that determined by the following formula: L = D P 133,200 L = Allowable leakage in gallons per hour S = Length of line tested in feet D Nominal diameter of pipe, in inches P = Average test pressure, in psi - 1.50 average system pressure in the area, but not less than 100 psi. 6.4.2 Where practicable, pipe lines shall be tested in lengths of no more than 2,000 feet. 6.4.3' ,Duration of test shall be not less than 2 hours where joints are exposed, and not less th (h 24 hours where joints are covered, unless directed by the Engineer. 6.4.4 All visible leaks at exposed joints, and all leaks evident on the surface where joints are covered, shall be repaired and leakage minimized, regardless of total leakage as shown by test. 6.4.5 All pipe, fittings, and other material found to be defective under test shall be removed and replaced at the Contractor's expense. 02730-13 96461.11/996 6.4.6 Lines which fail to meet tests shall be repaired and retested as necessary, until ' test requirements are complied with. 7. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: 7.1. The length of gravity sewer pipe satisfactorily completed in accordance with the , Plans and Specifications will be measured in place by the Engineer. The pipe length will be measured from centerline of manhole to centerline of manhole. Gravity sewer , depth will not be measured in the field, but will be based on depths as shown on the construction plans. Force mains shall be measured through fittings, but shall not be measured through valves. 7.2. Payment will be made for the quantities so measured a the unit prices specified in ' the Proposal. 7.3. Payment for pipe in place shall include all materials, pipe bedding, fittings, thrust ' blocks (restrained joint fittings if required), excavations, sheeting, bracing, dewatering, backfill, grading cleanup and testing. Incidental items for which pay items are not provided shall be included in the price bid for sewer pipe under the several bid items. 7.4: Measurement and payment for ductile iron pipe in gravity lines shall include the costs of couplings. ' 7.5 Payment for boring and jacking shall include all materials (casing, carrier pipe and fittings), excavation, dewatering, backfill, grading and testing. Incidental items for , which pay items are not provided shall be included in the lump sum price for the bore and jacking operation. END OF SECTION 1 02730-14 96461.11/996 1 ' SECTION 02731 SEWER SERVICE LATERALS 1. DESCRIPTION: This section covers the installation of sewer service laterals as ' shown on the plans. Sewer laterals shall be installed at the locations shown on the plans or where directed by the Owner or Engineer. 1.1. Related Work: See the following sections for related specifications: ' 02933 Seeding and Mulching 2. MATERIALS: ' 2.1. Wyes or Saddles shall be standard 45 degree pattern fittings or saddles as specified herein. For ductile iron use factory made wye fittings with 0-ring joints ' on the run of the wye. For ABS composite sewers, PVC composite sewers, or SDR 35 PVC sewers use either field installed solvent cemented saddles or, factory made wye fittings with either solvent cemented saddles or 0-ring joints on ' as shown or directed for lateral pipe. Branch joint shall be as specified for lateral pipe or shall be fitted with an approved adapter at the bell of the branch. ' 2.2. Pipe 6 inch and smaller: Use one of the following: CISPI 301 "No-Hub" cast iron soil pipe with joints consisting of neoprene gasket and stainless steel clamp and shield. ' ABS plastic sewer pipe conforming to ASTM D2751, SDR 35, with solvent cement joints and all required marking. ' PVC plastic sewer pipe conforming to ASTM D3034, SDR 35, with either solvent cement or elastomeric gasket joints and all required marking. ' 2.3. Bends shall be either one (1) 1/8 bend (45 degree) or two (2) 1/16 bends (22 1/2 degree) of the same material and joint as used for pipe. Use Sweep (long radius) bends if available. 2.4. Adapters _ shall be approved type, submittal required. Adapters shall be rubber ' coupling with stainless steel clamps or shall utilize compressible donut designed for the purpose. Adapters shall be Fernco or approved equal. 02731-1 96464.11/996 3. INSTALLATION: Service laterals shall be properly installed at the locations ' designated or as required to best service the property. All wyes, bends, stacks or service pipe and other appurtenances shall be provided as required for each ' connection. 3.1. Field Engineering: The Contractor shall be responsible for detailed design of ' each service lateral using approved materials, criteria as specified in this section and shown on the drawings and the following procedure: ' 3.1.1. Have the location of the lateral verified by the Engineer or the Owner. 3.1.2. Use alignment, minimum slope and minimum cover criteria to install the laterals ' as shown in the detail "Typical Service Lateral". 3.2. Wyes shall be installed with the branch turned to the proper direction and to the ' angle determined above. Wyes shall be firmly supported. w ' 3.3. yes using care to obtain proper alignment. Bends Ben shall be placed in the shall be adequately supported. ' 3.4. Stack pipe shall be installed at wye connections, to the elevation determined above. Pipe shall be carefully aligned and adequately supported. ' 3.5. to Service i shall be installed to the proper line and grade from the sewer lint- each property line. Suitable plugs or caps shall be placed in the end of the, service lines and suitable markers installed for location purposed. Care should ' be taken during installation to minimize disturbing the developed lots. Laterals should be located to minimize the amount of service line set and bends used. 3.6. Connection to manholes shall be similar to sewer connections to existing manholes as shown on the detail drawings. ' 3.7. Record Drawings: Contractor shall keep and provide the Engineer an accurate record of each service location according to the standard detail for "Location Procedures for Sewer Laterals on Record Drawings". Such information should ' be maintained during construction on a field set of bluelines and should also include all wyes, bends, length of service line, whether or not a stack was ' installed, and length and angle of stack. 3.8. Tests: Sewer service laterals shall pass infiltration and/or air test as specified for ' gravity sewers. 02731-2 96464.11/996 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT: Payment for sewer service laterals shall be made at the unit price for each and shall include field engineering, record drawings, labor, excavation, backfill, wyes, fittings, adapters, markers, cleanouts, and other appurtenances as may be required. 4.1 Pavement patch over laterals crossing pavement shall conform to Section 02575, Paving Repair and Resurfacing and will be paid for according to that section. END OF SECTION 02731-3 96464.11/996 SECTION 11307 SEWAGE SUBMERSIBLE PUMPING STATION 1. DESCRIPTION: The Contractor shall furnish all labor, materials, equipment and supplies and shall perform all work necessary for the complete construction of submersible pumping station as shown on the plans and specified herein. 1.1 Related Wor : Section 02222 - Excavating, Backfilling & Compacting for Utilities Section 02831 - Chain Link Fences and Gates Section 02512 - Gravel Access Roads and Parking Areas Division 16 - Electrical 2. MATERIALS: All materials for the pumping stations shall be new and shall be furnished by the Contractor in accordance with the following requirements: 2.1. Pumps: Contractors shall furnish 8 non-clog submersible centrifugal type sewage pump stations conforming to the following: 2.1.1. Pump Performance: Each pump must have the necessary characteristics and be properly selected to perform under the following operating conditions: Pump Specifications Shut Off BEP Max. Operating Pump # TDH (feet) Flow (gpm) TDH (feet) Flow (gpm) TDH (feet) Flow (gpm) 1 29.5 0 14.1 326 6.5 500 2 121 0 67 750 45 1000 4 82 0 43 405 24 650 5 105 0 58.5 560 30 845 6 87 0 46.8 495 29 700 7?'- 110 0 58 850 30 1200 9 52 0 30.8 356 15 610 10' 52 0 30.8 356 15 610 11307-1 96461.11/996 0 2.1.2. The pump volute, motor and seal housing shall be high quality gray cast iron, ASTM A-48, Class 25. The pump discharge shall be fitted with a 4" standard ASA 125 lb. flange, faced and drilled. All external mating parts shall be machined and Buna N Rubber O-ring sealed on a beveled edge. Gaskets shall not be acceptable. All fasteners exposed to the pumped liquids shall be 304 stainless steel. 2.1.3 Bearings and shaft: The pump shaft shall rotate on two (2) permanently lubricated bearings. These shall be heavy duty single row ball bearings, double row sealed grease pack bearings are not acceptable. The pump shaft shall be solid 303 stainless steel, designed with a sufficient diameter with minimum overhang to reduce shaft deflection and bearing wear. 2.1.4 Seals: Each pump shall have a tandem mechanical shaft seal system. The upper set of the tandem seals shall operate in an oil chamber located below the stator housing. The set shall contain one stationary tungsten carbide ring and one positively driven rotating carbon ring, functioning as an independent secondary barrier between the pumped liquid and the stator housing. The lower tandem set shall function as the primary barrier between the pumped liquid and the stator housing. This set shall consist of a stationary ring and a positively driven rotating ring both being tungsten carbide. Each seal interface shall be held in contact by its own spring system. The seals shall not require maintenance nor adjustment, but shall be easily replaceable. The pump shall be equipped with a seal leak detection probe and warning system. This shall be designed to alert maintenance personnel of lower seal failure without having to take the unit out of service for inspection or requiring access for checking seal chamber oil level and consistency. There shall be an electric probe or seal failure sensor installed in the seal chamberf .. between the two tandem mechanical seals. If the lower seal fails, contaminants which enter the seal chamber shall be detected by the sensor and send: a signal to operate the specified warning device. Units equipped with opposed mechanical seals shall not be acceptable. 2.1.5 Impeller: The impeller shall be two vane, enclosed non-clogging and have pump 4 out vanes to prevent grit and other materials from collecting in the seal area. The impeller shall be capable of passing a minimum 3-inch solid sphere and shall not be coated to improve efficiency. 11307-2 J 1 ?J %461.11/996 ' Impellers must be dynamically balanced and shall be slip fit to a tapered shaft and key driven. The impeller shall be fastened to the shaft with a 300 series stainless steel ' washer and bolt. A volute case wear ring shall be provided to minimize impeller wear. The wear ring ' shall be alloy 230 brass ASTMB-43 and held by 300 stainless steel fasteners. The wear ring shall be field replaceable. ' 2.1.6. Motors: Each pump shall have a U/L listed, hermetically sealed, submersible type, electric motor per the following table: u 1 7 i r P?l Est. Motor Pump # Size (hp) 1 5 2 20 4 10 5 15 6 10 7 20 9 5 10 5 for operation at 460 volt, 3 phase, 60 hertz power designed for use in hazardous locations and for general use in pumping sewage. The motor shaft shall be stainless steel. The motor shall be provided with thermal overload protection and a moisture detection system. The motor shall be designed for continuous duty, capable of sustaining a minimum of 10 starts per hour. 2.1.7. Rail Assembly: The pumps shall be mounted on rail assembly for removal without entering the wetwell. The pump shall be connected vertically to the stationary discharge elbow by use of a hydraulic sealing flange with m metal-to-metal contact. 2.1.8. Pump Controls: Control Panel shall be provided as specified and shown on the electrical- plan. The pump control panel shall contain all operating controls and instruments which include circuit breakers, pump run indicators, alternating relay, pump mode selector (H-O-A), high pump temperature indicator, high water level indicator with reset, high water level alarm (audible and visual) with silence button, elapsed time meters, motor starters and overload relays. Separate circuit breakers shall also be provided for each pump and auxiliary device. 11307-3 96461.11/996 2.2. etwelI: Shall be constructed of recast reinforced concrete manhole sections conforming to ASTM C-478. Joints shall be made to receive rubber gasket, butyl mastic rope sealer, or a non-shrink type grout especially made for this purpose. ' Wetwell bottom shall be integrally cast with extended base and walls shall conform to C-478 or to minimum dimensions shown on the drawings. ' 2.2.1. Wetwell supplier shall design manhole sections to resist earth loads and to resist uplift resulting from buoyant forces calculated with groundwater table at finished I grades. Wall and/or base dimension shall be increased accordingly. 2.2.2. Concrete and Mortar: 3000 psi 2.2.3. Manhole Steps: Section 02601 2.2.4. Wetwell Cover: Shall be constructed of aluminum with W thick one-piece , aluminum extruded frame, having a continuous concrete anchor as part of the frame. Door panels shall be W thick aluminum diamond plate capable of withstanding 300 pounds per square foot. All hardware and hinges shall be stainless steel with tamper- proof fasteners. Doors shall open 90 degrees and be locked in this position with a ' stainless steel positive locking arm and aluminum release handle. Doors shall close flush with the top of the frame and be fully supported around the perimeter on a Y2" wide lip, ' 2.3. Piping: All piping shall be ductile iron. 2.4. Iv : Valves and appurtenances shall be the type, size and class shown on the , plans. Valves shall have a heavy cast iron body with standard flanged ends, Class 125 with operating devices as specified or shown. Valves shall be at least the same class as the pipe on which they are used. All exposed valves shall be shop primed. Insofar as possible, all valves shall be by the same manufacturer. 2.4.1. Plug Valves: Shall be eccentric of the nonlubricated type with resilient faced ' plugs. Valve bodies shall be ASTM A126 Class B cast iron according to AWWA C504. Valves shall include the following features: ' a) Plugs shall be resilient faced cast iron, ASTM A126 Class B. The resilient covering shall be neoprene or hycar and suitable for use with sewage. b) Sleeve metal bearings shall be used which are sintered, oil impregnated , and permanently lubricated stainless steel conforming to type 316 ASTMS A743 Grade CF-8M or AISI Type 317 L. Non-metallic bearings are not' acceptable. I 11307-4 96461.91/996 11 c) Valve shaft seals shall conform to AWWA C504 and AVWVA C507 utilizing ' a multiple v-ring which is externally adjustable and repackable under pressure. ' d) Valve actuators shall be of the lever type for all valves 6" and smaller. ' 2.4.2 Swing Check Valves: Shall be bronze mounted with rubber faced bronze clapper disc seated by a bronze clapper arm against a bronze seat ring. The clapper shall have a lever and spring to assist closure. The spring tension shall be adjustable ' to set the speed of closure of the valve to the operating conditions in field. The clapper shall be secured to a stainless steel shaft set in bronze bushings. Bushings shall be secured to the valve body with cap screws and sealed with O-rings. ' 2.5. Excavatina Backfilling & Compacting for Utilities: Section 02222. 2.6. Access Road and Parking Area: As shown on plan. 2.7. Fencing: Section 02444. 2.8... I r' a : Division 16 (Section 16010-16470). 2.9. Pump Hoist: Shall consist of a boom and winch assembly with a minimum capacity of 500 lbs. The hoist assembly must be removable from a mounting base permanently attached to the wetwell. The hoist shall be stainless steel construction containing 30 feet of stainless steel cable and safety hook, having a 24-inch minimum with enclosed gears and a 4:1 ratio. 11307-5 96461.11/996 ?I 3. HANDLING AND INSTALLATION: , 3.1. Handling: All equipment shall be carefully handled and protected from damage while in storage and during installation. Equipment shall be protected from the weather , at all times. Equipment damaged by the weather, handling or construction shall be immediately repaired or replaced to the Engineer's satisfaction. i 3.2. Installation: Equipment shall be installed in strict accordance with the manufacturer's instructions and approved shop drawings. All anchor bolts, piping, , assistance ' necessary for proper installation and operation of all equipment specified herein and in related sections. After installation, a qualified service representative of the equipment manufacturer shall inspect the complete installation, make adjustments as needed and , place the equipment in permanent operation. Field tests shall be performed with the Engineers present to insure proper operation. After assured of proper performance the service representative shall review with the Owner and Engineer the equipment installed demonstrating the operating methods and standard maintenance practices for the equipment installed. , valves 4. and SERVICE: appurtenances Equipment required for a manufacturer shall complete furnish all in installation shall be instructional and provided. 4.1. Shop Drawings shall be submitted to the Engineer for approval and shall include: , 4.1.1. Outline drawings showing equipment and shipping dimensions and weights, location of accessories, and clearances required. 4.1.2. Certified factory test and characteristic curves showing field performance for each pump. ' 4.1.3. Wiring and schematic diagrams including accessories. 4.1.4. Spare parts list. 4.2. Service Manual shall be furnished for all mechanical equipment specified in this ' section. The manual shall contain a description of the equipment, a complete accessory and parts list, and complete installation, operation and maintenance instructions. The number of copies required is listed in the Special Conditions, Section 10. 11307-6 96461.11i996 4.3. Lubricants: Equipment manufacturer shall furnish, for initial operation for each piece of equipment, the proper lubricants, of each type needed. Each type of lubricant shall be furnished in a separate sealed container which shall be clearly labeled showing the type of lubricant, equipment for which its use is intended, and instructions for use. 4.4. Spare Parts: The manufacturer is to furnish the Owner, all spare parts normally recommended for each piece of equipment. 5. METHOD OF MEASUREMENT AND BASIS OF PAYMENT The pump stations will be paid for under a lump sum price. The lump sum price is to include the wetwell, pumps, pump hoist, piping, valves, fittings, site work, clearing and grubbing, dewatering, backfill grading, cleaning, testing, service pole, electrical work and equipment, security fencing, access road and any required appurtenances. END OF SECTION 11307-7 96461.11/996 i ?I THIS PAGE INTENTIONALLY LEFT BLANK 1 1 1 1 1